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THE 



COMPILED STATUTES 

OF IDAHO 



VOLUME III 

ORGANIC LAWS AND INSTRUMENTS 
FEDERAL STATUTES 
U. S. AND STATE CONSTITUTIONS 
PARALLEL REFERENCE TABLES 



Prepared by 

B. W. Oppenheim, Code Commissioner, 

and adopted at the 1919 session of the legislature under 

the title of Compiled Laws. 

Revised by 

I. W. Hart, Clerk of the Supreme Court, 

to incorporate the permanent laws of the 1919 session under 

the authorized title of Compiled Statutes. 



1919 

Syms-York Co., Printers and Binders 

Boise, Idaho 



Copyright, 1919, by I. W. Hart 



TABLE OF CONTENTS 



Page 

Compiled Laws revision act *. 2599 

Compiled Statutes revision act 2603 

Magna Charta 2605 

Declaration of Independence 2613 

Constitution of the United States 2616 

Organic Act of the territory of Idaho 2628 

Portions of the Revised Statutes of the United States applicable to the territory 

of Idaho 2635 

Provisions common to all the territories 2635 

Provisions concerning particular organized territories / 2647 

Acts of Congress affecting territory of Idaho 2650 

Idaho Admission Bill 2655 

United States Revised Statutes relative to authentication of records 2660 

Naturalization Laws and Regulations 2662 

Naturalization Laws 2662 

Naturalization Regulations 2686 

Constitution of the State of Idaho 2694 

I. Declaration of Rights 2694 

II. Distribution of Powers 2702 

III. Legislative Department 2703 

IV. Executive Department 2713 

V. Judicial Department 2719 

VI. Suffrage and Elections 2729 

VII. Finance and Revenue 2731 

VIII. Public Indebtedness and Subsidies 2736 

IX. Education and School Lands 2741 

X. Public Institutions 2745 

XI. Corporations, Public and Private 2746 

XII. Corporations, Municipal 2751 

XIII. Immigration and Labor 2753 

XIV. Militia 2754 

XV. Water Rights 2755 

XVI. Live Stock 2759 

XVII. State Boundaries 2759 

XVIII. County Organization 2760 

XIX. Apportionment 2765 

XX. Amendments 2767 

XXI. Schedule and Ordinance 2768 

Index to state constitution 2775 

Parallel reference tables 

Revised Codes 2785 

Compiled Laws 2815 

Session Laws of 1909 2860 

Session Laws of 1911 2863 

Session Laws of 1912 2870 

Session Laws of 1913 2871 

Session Laws of 1915 2876 

Session Laws of 1917 2879 

Session Laws of 1919 2883 



COMPILED LAWS REVISION ACT. 

['17, c. 78, p. 241.] 



AN ACT 

TO PROVIDE FOR THE REVISION, COMPILATION AND CODIFICATION OF 
THE LAWS OF THE STATE OF IDAHO. 

Be It Enacted by the Legislature of the State of Idaho : 

§ 1. Appointment of code commissioner. The supreme court of the 
state of Idaho is hereby authorized and empowered to appoint some person, 
learned in the law and a member of the bar of the supreme court of this 
state, who shall be known as a code commissioner. 

Code commissioner's general duties. The code commissioner (and 
who) shall be authorized to revise, codify and compile the laws, civil, po- 
litical and criminal, and the laws of civil procedure, and to revise, arrange, 
simplify and consolidate the statutes of Idaho which shall be in force at 
the time such commissioner shall make his final report; and to make such 
changes, alterations, modifications, additions and substitutions as the said 
commissioner may deem best to the end that a complete simplified code of 
laws based on the laws in force at the time the said commissioner shall 
make his final report, shall be presented, but with errors, inconsistencies, 
repetitions and ambiguities therein eliminated. 

Alternative procedure in lieu of appointment of commissioner. Pro- 
vided, That the supreme court may, in its discretion, in lieu of the ap- 
pointment of such code commissioner, arrange for the performance of the 
labor herein designated in the manner provided in section 12 hereof. 

§ 2. Division into codes. It shall be the duty of the commissioner to 
prepare the following codes : the Political Code, the Civil Code, the Code 
of Civil Procedure and the Penal Code. 

The Political Code shall treat of the sovereignty of the people of the 
state, of the political rights and duties, of the political divisions of the 
state, of the ^government of the counties, cities, towns, and of such other 
general laws as shall seem proper to the commissioner. 

The Civil Code shall treat of property and property rights, persons 
and personal relations, corporations, contracts and obligations and other 
subjects properly related to the foregoing. 

The Code of Civil Procedure shall treat of the procedure and practice 
in civil actions and proceedings in all courts in the state, or in any 
subdivision thereof. 

The Penal Code shall treat of crimes and misdemeanors and the pun- 
ishment thereof, of criminal procedure and penitentiaries, prisons and 
jails. 

Commissioner's report. The commissioner shall also make and pre- 
pare a report designating what statutes or parts of our statutes are omit- 
ted by him or repealed by the provisions of any other act reported by him 
and what, if any, new sections he has added to such codes, and any laws 
of a general nature which ought to be enacted in addition to the codes re- 
ported. 

§ 3. Organic and other laws. The Political Code must contain in 
addition to the other matters required, the Magna Charta, the Declaration 

2599 
Vol. Ill— 1 



COMPILED LAWS REVISION ACT 

of Independence, the Constitution of the United States, with the amend- 
ments, the Organic Act of the Territory of Idaho, the act of congress ad- 
mitting Idaho as a state, the Constitution of the state of Idaho, the laws 
of the United States providing for the naturalization of citizens, the 
statutes of the United States relative to the authentication of records, and 
a copy of this act. 

§ 4. Annotations. After each section or subdivision of the matter 
to be comprised in the said codes, there shall be a reference to the original 
text from which said section is compiled, and a reference to the corre- 
sponding section of the California code, if there shall be a similar or 
identical one. There shall be noted further, under each section, a com- 
plete reference to all decisions of the supreme court of Idaho and the de- 
cisions of the federal courts interpreting, construing or applying to said 
section, 

§ 5. Number of volumes. The number of volumes in which such 
codes shall finally be published shall be determined by the supreme court. 

Index. And the code commissioner must make for such codes a com- 
plete working index of the contents thereof, either separately for each 
code, or if the said codes are all published in one volume, then one gen- 
eral index for all codes, in either case the said indexes to be alpha- 
betically arranged and of sufficient particularity to refer to each section 
contained in the said codes and to the subject thereof, with cross refer- 
ences wherever they may be necessary, which index must be printed and 
bound in the volume containing the section referred to. 

§ 6. Commissioner's salary and assistance. Said commissioner shall 
receive for his services the sum of $4000, and shall be authorized to ex- 
pend the sum of $2000 or so much thereof as may be necessary for legal 
assistance in connection with this work. The said commissioner shall 
keep his office at Boise City, and shall devote his entire time to the work 
of preparing the code of laws provided for herein. The said commis- 
sioner is empowered and authorized to employ such clerical assistance as 
may be necessary and to procure an office and proper supplies, at an ex- 
pense of not to exceed $2500. 

§ 7. Same: Payment. The salary of the said commissioner shall be 
paid quarterly in six payments, commencing with the quarter ending in 
June 1917; the claims of said commissioner to be presented to and al- 
lowed by the board of examiners, and the auditor is authorized to draw his 
warrant upon the general fund for the amount of such salary due and 
for all other expenses provided for in this act. The compensation of all 
assistants and clerks to be paid when the same shall become due, upon 
being presented to and allowed by the board of examiners. 

§ 8. Time of completion and filing of codes. The labors of the 
commissioner shall be concluded on or before the first day of July, 1918, 
and at the said time it shall be the duty of the commissioner to file with 
the secretary of state three copies of each of said codes, with the indexes 
and references herein provided for. 

Submission of codes to legislature for adoption. Said codes (and the 
same) shall be submitted for action to the legislature of the state of 
Idaho at its next general session or any special session called by the gov- 
ernor at the request of the supreme court judges. 

§ 9. Filing and printing of report. On or before the 1st day of 
July, 1918, the commissioner shall file five copies of his final report with 
the secretary of state, which said report shall contain at length all 
changes, modifications, additions, substitutions or repeals of existing stat- 

2600 



COMPILED LAWS REVISION ACT 

utes, and such changes, modifications, additions, substitutions and re- 
peals must refer specifically to the section, chapter or article of the printed 
code shown thereby, and the secretary of state must cause such final re- 
port to be printed for the use of members of the legislative assembly. 

§ 10. Printing of codes. Each of the codes and indexes must be so 
far completed as to be in a condition to print by the first day of July, 
1918, and as soon thereafter as possible, the secretary of state and judges 
of the supreme court must have 800 copies of each of said codes printed 
in the same type and body type as is used in the printing of the Revised 
Statutes of Idaho, and bound with paper covers, the code commissioner 
being required to read and correct the proof sheets of said volume or vol- 
umes to be delivered to the secretary /of state, corrected, printed and 
bound on or before the 1st day of October, 1918, said printing and bind- 
ing to be paid for out of the moneys appropriated by this act. 

§ 11. Distribution of copies. Upon receipt of the printed codes, the 
secretary of state must deliver one printed copy of each volume of said 
codes, together with a copy of the report of the changes and substitutions, 
to each member of the legislative assembly, together with the indexes 
therefor, which printed volume, when so delivered, must have the effect 
of bills printed for the use of members of the legislative assembly, and 
also deliver, by mail or express, one copy of each volume to each judge 
of any court of record in the state of Idaho, one copy of each volume to 
each state officer, county attorney, member of the board of county com- 
missioners, and seven copies of each volume to the clerks of the district 
courts of Idaho, which copies of said reports, for distribution to and ex- 
amination by the members of the bar of such courts, and to the code com- 
missioner, 10 copies of each volume. 

§ 12. Alternative contract for codification with law publisher. The 
supreme court may, in its discretion, in lieu of the appointment of such 
code commissioner, contract with some reputable and reliable law book 
publishing house or concern for the revision, codification and compilation 
of the laws of the state. Said contract shall bind such publishing house 
or concern to the performance of the same labor and duties, and to the 
making of such reports, as are herein required to be performed and made 
by such code commissioner, and shall require such labor to be completed 
and such report to be made not later than the first day of July, 1918. Said 
contract may further provide for the printing and binding of 800 copies 
of said codes in the manner specified in section 10 hereof, the cost of 
said printing and binding to be included in the sum total of such contract. 
In the event such contract is made the supreme court shall enter into the 
same with such law book publishing house or concern in the name of the 
state of Idaho. The report of such law book publishing house or concern, 
and such printed codes shall have the same force and effect and shall be 
used for the same purpose as provided in sections 8, 9, 10 and 11 hereof: 
Provided, That such contract shall not be let for a greater amount of 
money than is herein appropriated, and Provided, further, That not more 
than one-fourth of the contract price shall be paid before the comple- 
tion of the work and the making of the report herein required to be made 
by such law book publishing house or concern. The compensation of said 
house or concern under the terms of said contract shall be certified to the 
board of examiners by the supreme court, and the auditor is authorized 
to draw his warrant upon the general fund for the amount of such com- 
pensation. 

§ 13. Appropriation. There is hereby appropriated out of any money 
in the state treasury, not otherwise appropriated, the sum of $14,000, 

2601 



COMPILED LAWS REVISION ACT 

or so much thereof as may be necessary, for carrying out the provi- 
sions of this act. 

§ 14. Emergency clause. Whereas, an emergency exists therefor, 
this act shall take effect and be in force from and after its passage and 
approval. 

Approved March 20, 1917. 



2602 



COMPILED STATUTES REVISION ACT, 

['19, c. 63, p. 197.] 



AN ACT 

TO PROVIDE FOR THE PREPARATION AND INDEXING FOR, AND THE 
PRINTING AND DISTRIBUTION OF THE COMPILED LAWS OF THE 
STATE OF IDAHO, AND DECLARING AN EMERGENCY. 

Be it enacted by the Legislature of the State of Idaho: 

§ 1. The clerk of the supreme court of the state of Idaho is hereby- 
authorized and empowered to prepare a general index for the compiled 
laws of the state of Idaho to be included in each volume thereof. Said 
clerk of the supreme court shall receive for his services in preparing said 
index the sum of $1500. Said clerk is empowered and authorized to em- 
ploy such clerical assistance as may be necessary at an expense not to 
exceed $250. To incorporate into the Compiled Laws of the state of Idaho 
of 1919 all laws in force of a permanent and general nature, including 
the laws of the 15th session ; excluding the titles and enacting clauses, and 
other formal and unnecessary parts, and all laws and parts of laws re- 
pealed, or of a temporary nature. To number and arrange sections and 
titles of chapters and to make such new sections, titles and chapter head- 
ings, as may be expedient or necessary in order to incorporate into such 
compilation all the laws of a permanent and general character not now 
contained in the Compiled Laws of 1919, in such manner as will retain 
as near as may be the present general arrangement of the Compiled Laws. 
Said compilation shall be certified by the secretary of state, as having been 
published by authority, and may be cited and referred to as the Compiled 
Statutes of Idaho, and as such shall be received by all courts and judges 
thereof, and all public officers, and in all proceedings in all departments 
of the state government, and all subdivisions thereof, as evidence of the 
statute law of the state of Idaho, and may be cited and referred to as the 
Compiled Statutes. 

§ 2. The secretary of state is hereby empowered and directed to cause 
to be published 3000 certified copies of the compiled laws of Idaho, said 
compiled laws to be bound in law buckram, of three volumes at a price 
not to exceed $4 per volume, and to mark the same, except those for 
members of the legislature and for exchange as hereinafter provided, with 
the following: "This book is the property of the State of Idaho, and to 
be delivered to the successor in office," and to distribute the same as fol- 
lows : One copy to each member of the legislature ; one copy to each justice 
of the supreme court; one copy to each district judge; one copy to the 
clerk of the supreme court; two copies for the supreme court room at 
Boise; two copies for the supreme court room at Lewiston; two copies 
for the supreme court room at Pocatello ; two copies for the supreme court 
room at Coeur d' Alene; one copy for the district court room of each 
county of the state ; one copy for each state officer ; one copy to each county 
officer; one copy to each justice of the peace in the state; six copies to 
the state library of Boise ; six copies to the state library at Lewiston ; six 
copies to the state library at Pocatello ; one copy to each state institution 
of the state of Idaho, all the said copies when so distributed to be and re- 
main the property of the state and to be delivered by the officers by whom 

2603 



COMPILED STATUTES REVISION ACT 

they are received to their successors in office ; 200 copies to the state library 
at Boise, and 100 copies to the law department of the university of Idaho 
at Moscow, for exchange with other states, territories, and other coun- 
tries. The remaining copies thereof shall be retained by the secretary of 
state for the use of the state. 

§ 3. The said compiled laws shall be sold by the publishers thereof to 
the inhabitants of the state of Idaho at a uniform price not to exceed $15 
per set. 

§ 4. Every justice of the peace, when retiring from office, shall de- 
liver the set of compiled laws received by him to his successor in office, if 
any, and if none, then to the county auditor. And in his final report to the 
board of county commissioners accompany said report by a receipt in 
writing, showing such delivery. 

§ 5. There is hereby appropriated to carry out the provisions of this 
act the sum of $25,000 or as much thereof as may be necessary, out of any 
moneys in the state treasury not otherwise appropriated. 

§ 6. The index herein provided and the preparing of said codes to be 
completed within four months after the said act shall take effect. 

§ 7. Whereas an emegency exists, this act shall take effect and be 
in force from and after its passage and approval. 

Approved March 14, 1919. 



2604 



MAGNA CHARTA. 



Note: The Magna Charta was directed by the legislature to be inserted in this 
compilation, no doubt on account of its historical importance. It is one of many English 
constitutional documents forming the basis of our own system of jurisprudence. The 
four others, which, with Magna Charta are considered most important, are: Petition 
of Right (3 Car. I, c. 1, June 7, 1628) Habeas Corpus Act (31 Car. II, c. ii, 1679), 
Bill of Rights (1 W. & M. S. 2, c. 2, 1689), Act of Settlement (12 & 13, Will. Ill, 1700). 

The Great Charter of Liberties of King John, Granted at Runny- 
mede, June 15, a. d. 1215, in the Seventeenth Year of His Reign. 
John, by the grace of God, King of England, Lord of Ireland, Duke of 
Normandy, and Acquitaine, and Count of Anjou, to his Archbishops, 
Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, Gov- 
ernors, Officers, and to all Bailiffs,, and his Lieges, Greeting: Know 
ye, that we, in the presence of God, and for the salvation of our own 
soul, and the souls of our ancestors, and of our heirs, and unto the 
honor of God and the advancement of Holy Church, and amendment 
of our realm, by advice of our venerable Fathers, Stephen, Archbishop 
of Canterbury, Prjimate of all England and Cardinal of the Holy 
Roman Church, Henry, Archbishop of Dublin, William of London, 
Peter of Winchester, Jocelin of Bath and Glastonbury, Hugh of Lin- 
coln, Walter of Worcester, William of Coventry, Benedict of Roches- 
ter, Bishops; of Master Pandulph, Sub-Deacon and Familiar or our 
Lord, the Pope, Brother Aymeric, Master of the Knights Templar in 
England; and of the Noble Persons, William Mereschal, Earl of Pem- 
broke, William, Earl of Salisbury, William, Earl of Warren, William, 
Earl of Arundell, Alan de Galloway, Constable of Scotland, Warin Fitz- 
Gerald, Peter Fitz^Herbert, and Hubert de Burgh, Seneschal of Poi- 
tou, Hugh de Neville, Matthew Fitz-Herbert, Thomas Basset, Alan 
Basset, Philip of Albany, Robert de Roppell, John Mareschal, John 
Fitz-Hugh, and others, our liegemen, have in the first place, granted 
to God, and by this our present Charter confirmed for us and our 
heirs forever: 

1. That the Church of England shall be free, and have her whole 
rights, and her liberties inviolable; and we shall have them so observed, 
that it may appear thence, that the freedom of elections which is reckoned 
chief and indispensable to the English church, and which we granted and 
confirmed by our charter, and obtained the confirmation of the same from 
our Lord Pope Innocent III., before the discord between us and our barons, 
was granted of mere free will which charter we shall observe, and we 
do will it to be faithfully observed by our heirs forever. 

2. We have also granted to all the freemen of our kingdom, for us 
and for our heirs forever, all the underwritten liberties, to be had and 
holden by them and their heirs, of us and our heirs, forever: If any of 
our earls, or barons or others, who hold of us in chief by military service, 
shall die, and at the time of his death, his heir§ shall be of full age, and 
owes a relief; he shall have his inheritance by ancient relief; that is 
to say, the heir or heirs of an earl, for a whole earldom, by a hundred 
pounds; the heir or heirs of a baron, for a whole barony, by a hundred 
pounds ; the heir or heirs of a knight, for a whole knights fee, by a hun- 
dred shillings at most; and whoever oweth less shall give less, according 
to the ancient custom of fees. 

2605 



MAGNA CHARTA 

3. But if the heir of any such shall be under age, and shall be in ward 
when he comes of age, he shall have his inheritance without relief and 
without fine. 

4. The keeper of the land of such an heir being under age, shall take 
of the land of the heir none but reasonable issues, reasonable customs, 
and reasonable services, and that without destruction and waste of his 
men and his goods; and if we commit the custody of any such lands to the 
sheriff, or any other who is answerable to us for the issues of the land, and 
he shall make destruction and waste of the lands which he hath in custody, 
we will take of him amends, and the land shall be committed to two lawful 
and discreet men of that fee, who shall answer for the issue to us, or to 
him to whom we shall assign them; and if we sell or give to anyone the 
custody of any such lands, and he therein makes destruction or waste, he 
shall lose the same custody, which shall be committed to two lawful and 
discreet men of that fee, who shall in like manner answer to us as afore- 
said. 

5. But the keeper, so long as he shall have the custody of the land, 
shall keep up the houses, parks, warrens, ponds, mills, and other things 
pertaining to the land, out of the issues of the same land; and shall de- 
liver to the heir when he comes of full age, his whole land, stocked with 
ploughs and carriages, according as the time of wainage shall require, and 
the issue of the- land can reasonably bear. 

6. His heirs shall be married without disparagement, and so that be- 
fore matrimony shall be contracted, those who are near in blood to the 
heir shall have notice. 

7. A widow, after the death of her husband, shall forthwith and with- 
out difficulty have her marriage and inheritance; nor shall she give any- 
thing of her dower, or her marriage, or her inheritance, which her hus- 
band and she held at the day of his death; and she may remain in the 
mansion house of her husband forty days after his death, within which 
time her dower shall be assigned. 

8. No widow shall be distrained to marry herself, so long as she has 
a mind to live without a husband; but yet she shall give security that 
she will not marry without our assent, if she holds of us ; or without the 
consent of the lord whom she holds, if she holds of another. 

9. Neither we nor our bailiffs will seize any land or rent for any 
debt, so long as the chattels of the debtor are sufficient to pay the debt ; 
nor shall the sureties of the debtor be distrained so long as the principal 
debtor has sufficient to pay the debt ; and if the principal debtor shall fail 
in the payment of the debt, not having wherewithal to pay it, then the 
sureties shall answer the debt ; and if they will they shall have the lands 
and rent of the debtor, until they shall be satisfied for the debt which they 
paid for him, unless the principal debtor can show himself acquitted 
thereof against the said sureties. 

10. If any one have borrowed anything of Jews, more or less, and 
die before the debt be satisfied, there shall be no interest paid for that 
debt, so long as the heir is under age, of whomsoever he may hold; and 
if the debt falls into our hands we will take only the chattel mentioned in 
the deed. 

11. And if any one shall die indebted to the Jews, his wife shall have 
her dower and pay nothing of that debt ; and if the deceased left children 
under age, they shall have necessaries provided for them, according to 
the tenement of the deceased; and out of the residue the debt shall be 
paid, saving, however, the service due the lords ; and in like manner shall 
it be done touching debts due to others than the Jews. 

2606 



MAGNA CHARTA 

12. No scutage or aid shall be imposed in our kingdom, unless by the 
general council of our kingdom; except for ransoming our person, mak- 
ing our eldest son knight, and once for marrying our eldest daughter; 
and for these there shall be paid no more than reasonable aid. In like 
manner it shall be concerning the aids of the city of London. 

13. And the city of London shall have all of its ancient liberties and 
free customs, as well by land as by water ; furthermore we will and grant, 
that all other cities and boroughs, and towns and ports, shall have all their 
liberties and free customs. 

14. And for holding the general council of the kingdom concerning 
the assessment of aids, except in the three cases aforesaid, and for the 
assessing of scutages, we will cause to be summoned the archbishops, 
bishops, abbots, earls, and greater barons of the realm, singly by our 
letters. And furthermore we will cause to be summoned generally by 
our sheriffs and bailiffs, all others who hold us in chief, for a certain day, 
that is to say forty days before their meeting at least and to a certain 
place; and in all letters of such summons we will declare the cause of 
such summons. And summons being thus made, the business shall pro- 
ceed on the day appointed, according to the advice of such as shall be 
present, although all that were summoned come not. 

15. We will not for the future grant to any one that he may take aid 
of his own free tenants, unless to ransom his body, and to make his eldest 
son a knight, and once to marry his eldest daughter; and for this there 
shall be paid only reasonable aid. 

16. No man shall be distrained to perform more service for a knight's 
fee, or other fee tenement than is due from thence. 

17. Common pleas shall not follow our court, but shall be holden in 
some place certain. 

18. Trials upon the writ of novel disseisin, and mort d'ancestor, and 
of darrien presentment, shall not be taken but in their proper counties, 
and after this manner : we, or, if we should be out of the realm, our chief 
justiciary, will send two justiciaries through every county four times a 
year, who, with four knights of each county, chosen by the county, shall 
hold the said assizes, in the county, on the day and at the place appointed. 

19. And if any matters cannot be determined on the day appointed 
for the holding of the assizes, in each county, so many of the knights and 
freeholders as have been at the assizes aforesaid, shall stay to decide them, 
as is necessary, according as there is more or less business. 

20. A freeman shall not be amerced for a small offense, but only af- 
ter the degree of the offense ; and for a great crime according to the hei- 
nousness of it, saving to him his contenement ; and after the same manner 
a merchant, saving to him his merchandise. And a villein shall be amerced 
after the same manner, saving to him his wainage, if he falls under our 
mercy; and none of the aforesaid amercaiments shall be assessed but by 
the oath of honest men of the neighborhood. 

21. Earls and barons shall not be amerced, but by their peers, and 
after the degree of the offense. 

22. No ecclesiastical person shall be amerced for his lay tenement, 
but according to the proportion of the others aforesaid, and not accord- 
ing to the value of his ecclesiastical benefice. 

23. Neither a town nor any tenement shall be distrained to make 
bridges or banks, unless that anciently of right they are bound to do it. 

24. No sheriff, constable, coroner, or other our bailiffs, shall hold pleas 
of the crown. 

2607 



MAGNA CHARTA 

25. All counties, hundreds, wapentakes, and tythings, shall stand at 
the old rents, without increase, except in our demesne manors. 

26. If any one holding of us a lay fee die, and the sheriff, or our 
bailiffs, show our letters of patent, of summons for debt which the dead 
man did owe to us, it shall be lawful for the sheriff or our bailiff to attach 
and register the chattels of the dead, found upon his lay fee, to the amount 
of the debt, by the view of lawful men, so as nothing be removed until 
our whole clear debt be paid ; and the rest shall be left to the executors to 
fulfill the testament of the dead, and if there be nothing due from him to 
us, all the chattels shall go to the use of the dead, saving to his wife and 
children their reasonable shares. 

27. If any freeman shall die intestate, his chattels shall be distributed 
by the hands of his nearest relations and friends, by view of the church ; 
saving to everyone his debts which the deceased owed to him. 

28. No constable or bailiff of ours shall take corn or other chattels of 
any man, unless he presently give him money for it, or hath respite of 
payment by the good will of the seller. 

29. No constable shall distrain any knight to give money for castle- 
guard, if he himself will do it in his person, or by another able man in 
case he cannot do it through any reasonable cause. And if we have car- 
ried or sent him into the army, he shall be free from such guard for the 
time he shall be in the army by our command. 

30. No sheriff or bailiff of ours, or any other, shall take horses or 
carts of any freeman for carriage, without the consent of the said free- 
man. 

31. Neither will we nor our bailiffs take any man's timber for our 
castles or other uses, unless by the consent of the owner of the timber. 

32. We will retain the lands of those convicted of felony only one year 
and a day, and then they shall be delivered to the lord of the fee. 

33. All weirs for the time to come shall be put down in the rivers 
Thames and Medway, and throughout all England, except upon the sea- 
coast. 

34. The writ, which is called praecipe, for the future, shall not be 
made out to anyone, of any tenement, whereby a freeman may lose his 
court. 

35. There shall be one measure of wine and one of ale through our 
whole realm; and one measure of corn, that is to say, the London quar- 
ter; and one breadth of dyed cloth, and russets, and haberjects, that is to 
say, two ells within the lists and it shall be of weights as it is of measures. 

36. Nothing from henceforth shall be given or taken for a writ of 
inquisition of life or limb, but it shall be granted freely, and not denied. 

37. If any do hold of us by fee-farm, or by socage, of by burgage, 
and he hold also lands of any other by knight service, we will not have 
the custody of the heir or land, which is holden of another man's fee by 
reason of that fee-farm, socage, or burgage, neither will we have the cus- 
tody of the fee-farm, socage or burgage, unless knight's service was due 
us out of the same fee-farm. We will not have the custody of an heir, nor 
of any land which he holds by another knight's service, by reason of 
any petty serjeanty by which he holds of us, by the service of paying a 
knife, an arrow, or the like. 

38. No bailiff from henceforth shall put any man to his law upon his 
own bare saying, without creditable witnesses to prove it. 

39. No freeman shall be taken or imprisoned, or disseised, or out- 
lawed or banished, or in any way destroyed, nor will we pass upon him, 
nor will we send upon him, unless by the lawful judgment of his peers, or 
by the law of the land. 

2608 



MAGNA CHARTA 

40. To none will we sell, to none will we deny, or delay, right or 
justice. 

41. All merchants shall have safe and secure conduct to go out of, 
and to come into England, and to stay there, and to pass as well by land 
as water, for buying and selling by the ancient and allowed customs, with- 
out any unjust tolls; except in time of war, or when they are of any nation 
at war with us. And if there be found any such in our land, in the begin- 
ning of war, they shall be attached without damage to their bodies or 
goods, until it be known unto us, of our chief justiciary, how our mer- 
chants, be treated in the nation at war with us ; and if ours be safe there, 
the others shall be safe in our dominions. 

42. It shall be lawful for the time to come, for any one to go out of 
our kingdom, and return safely and securely, by land or by water, saving 
his allegiance to us; unless in time of war, by some short space, for the 
common benefit of the realm, except prisoners and outlaws, according 
to the law of the land, and people in war with us, and merchants who shall 
be treated as is above mentioned. 

43. If any man holds of any escheat, as of the honor of Wallingford, 
Nottingham, Boulogne, Lancaster, or of other escheats which be in our 
land, and are baronies, and die, his heir shall give no other relief and per- 
form no other service to us, than he would do to the baron, if it were in 
the baron's hand; we will hold it after the same manner as the baron 
held it. 

44. Those men who dwell without the forest, from henceforth shall not 
come before our justiciaries of the forest, upon common summons, but such 
as are impleaded, or are pledges for any that are attached for something 
concerning the forest. 

45. We will not make any justices, constables, sheriffs, or bailiffs, but 
of such as know the law of the realm and mean duly to observe it. 

46. All barons who have founded abbeys, and have the kings of Eng- 
land's charters or advowson, or the ancient tenure thereof, shall have the 
keeping of them, when vacant, as they ought to have. 

47. All forests that have been made forests in our time, shall forth- 
with be disforested ; and the same shall be done with the water banks that 
have been fenced in by us in our time. 

48. All evil customs concerning forests, warrens, foresters and war- 
reners, sheriffs and their officers, rivers and their keepers, shall forthwith 
be inquired into in each county by twelve sworn knights of the same shire, 
chosen by creditable persons of the same county; and within forty days 
after the said inquest, be utterly abolished so as never to be restored. So 
as we are first acquainted therewith, or our justiciary, if we be not in 
England. 

49. We will immediately give up all hostages and writings delivered 
unto us by our English subjects, as securities for their keeping the peace, 
and yielding us faithful service. 

50. We will entirely remove from our bailiwicks the relations of 
Gerard de Athyes, so that for the future they shall have no bailiwick in 
England : We will also remove Englelard de Cygony, Andrew, Peter and 
Gyon, from the Chancery; Gyon de Cygony, Geoffrey de Martyn and his 
brothers; Philip Mark and his brothers, and his nephew, Geoffrey, and 
their whole retinue. 

51. As soon as peace is restored, we will send out of the kingdom all 
foreign soldiers, cross-bowmen, and stipendiaries, who are come with 
horses and arms to the prejudice of our people. 

52. If any one has been dispossessed or deprived by us, without legal 

2609 



MAGNA CHARTA 

judgment of his peers, of his lands, castles, liberties, or right, we will 
forthwith restore them to him; and if any dispute arise upon this head, 
let the matter be decided by the five-and-twenty barons hereafter men- 
tioned, for the preservation of the peace. As for all those things of which 
any person has, without legal judgment of his peers, been dispossessed or 
deprived, either by King Henry our father, or our brother King Richard, 
and which we have in our hands, or are possessed by others, and we are 
bound to warrant and make good, we shall have a respite till the term 
usually allowed the crusaders ; excepting those things about which there is 
a plea depending, or whereof an inquest hath been made, by our order, 
before we undertake the crusade, but when we return from our pilgrim- 
age, or if perchance we tarry at home and do not make our pilgrimage, we 
will immediately cause full justice to be administered therein. 

53. The same respite we shall have (and in the same manner about 
administering justice, disafforesting the forests, or letting them con- 
tinue) for disafforesting the forests which Henry our father, and 
our brother Richard have afforested; and for the keeping of the lands 
which are in another's fee, in the same manner as we have hitherto en- 
joyed those wardships, by reason of a fee held of us by knight's service; 
and for the abbeys founded in any other fee than our own, in which the 
lord of the fee says he has a right ; and when we return from our pilgrim- 
age, or if we tarry at home and do not make our pilgrimage, we will im- 
mediately do full justice to all complainants in this behalf. 

54. No man shall be taken or imprisoned upon the appeal of a woman, 
for the death of any other than her husband. 

55. All unjust and illegal fines made by us, and all amerciaments im- 
posed unjustly and contrary to the law of the land, shall be entirely given 
up, or else be left to the decision of the five-and-twenty barons hereinafter 
mentioned for the preservation of the peace, or of the major part of them, 
together with the aforesaid Stephen, archbishop of Canterbury, if he can 
be present, and others whom he shall think fit to take along with him ; and 
if he cannot be present, the business shall notwithstanding go on without 
him; but so that if one or more of the aforesaid five-and-twenty barons 
be plaintiffs in the same cause, they shall be set aside as to what concerns 
this particular affair and others be chosen in their room, out of the said 
five-and-twenty, and sworn by the rest to decide the matter. 

56. If we have disseised or dispossessed the Welsh, of any lands, lib- 
erties, or other things, without the legal judgment of their peers, either 
in England or in Wales, they shall be immediately restored to them ; and 
if any dispute arise upon this head, the matter shall be determined in the 
Marche by the judgment of their peers; for tenements in England, ac- 
cording to the law of England, for tenements in Wales according to the 
law of Wales, for tenements of the Marche according to the law of the 
Marche; the same shall the Welsh do to us and our subjects. 

57. As for all those things which a Welshman hath, without legal 
judgment of his peers, been disseised or deprived of by King Henry our 
father, or our brother King Richard, and which we either have in our 
hands, or others are possessed of, and we are obliged to warrant it, we 
shall have a respite till the time generally allowed the crusaders; except- 
ing those things about which a suit is depending, or whereof an inquest 
has been made by our order before we undertook the crusade; but when 
we return, or if we stay at home without performing our pilgrimage, we 
will immediately do them full justice, according to the laws of the Welsh 
and of the parts before mentioned. 

2610 



MAGNA CHARTA 

58. We will without delay dismiss the son of Llewellyn, and all the 
Welsh hostages, and release them from the engagements they have entered 
into with us for the preservation of the peace. 

59. We will treat with Alexander, King of Scots, concerning the res- 
toration of his sisters and hostages, and his rights and liberties, in the 
same form and manner as we shall do to the rest of the barons of Eng- 
land ; unless by the charters which we have from his father, William, late 
King of Scots, it ought to be otherwise ; but this shall be left to the deter- 
mination of his peers in our court. 

60. All the aforesaid customs and liberties, which we have granted to 
be holden in our kingdom, as much as it belongs to us towards all people 
of our kingdom, as well clergy as laity shall observe as far as they are 
concerned, towards their dependents. 

61. And whereas, for the honor of God and the amendment of our 
kingdom, and for the better quieting this discord that has arisen between 
us and our barons, we have granted all these things aforesaid; willing 
to render them firm and lasting, we do give and grant our subjects the 
underwritten security, namely, that the barons may choose five and 
twenty barons of the kingdom, whom they think convenient; who shall 
take care, with all their might, to hold and observe and cause to be ob- 
served, the peace and liberties we have granted them, and by this our 
present charter confirmed; so that if we, our justiciary, our bailiffs, or 
any of our officers, shall in any circumstances fail in the performance of 
them, towards any person, or shall break through any of these articles 
of peace and security and the offense be notified to four barons chosen 
out of the five-and-twenty before mentioned, the said four barons shall 
repair to us, or our justiciary, if we are out of the realm, and laying open 
the grievance, shall petition to have it redressed without delay; and if 
it be not redressed by us, or if we should chance to be out of the realm, 
if it should not be redressed by our justiciary, within forty days, reck- 
oning from the time it has been notified to us, or to our justiciary, if we 
should be out of the realm, the four barons aforesaid shall lay the cause 
before the rest of the five-and-twenty barons; and the said five-and- 
twenty barons, together with the community of the whole kingdom, shall 
distrain and distress us in all possible ways, by seizing our castles, lands, 
possessions and in any other manner they can, till the grievance is re- 
dressed according to their pleasure ; saving harmless our own person, and 
the persons of our queen and children ; and when it is redressed they shall 
obey as before. And any person whatsoever in the kingdom, may swear 
that he will obey the orders of the five-and-twenty barons aforesaid, in 
the execution of the premises, and will distress us jointly with them, to 
the utmost of his power; and we give public and free liberty to any one 
that shall please to swear to this, and never will hinder any person from 
taking the same oath. 

62. As for those of our subjects who will not, of their own accord, 
swear to join the five-and-twenty barons in distraining and distressing 
us, we will issue orders to make them take the same oath as aforesaid. 
And if any one of the five-and-twenty barons dies, or goes out of the king- 
dom, or is hindered in any other way from carrying the things aforesaid 
into execution, the rest of the said five-and-twenty barons may choose 
another in his room, at their discretion, who shall be sworn in like man- 
ner as the rest. In all things that are committed to the execution of these 
five-and-twenty barons, if, when they are all assembled together, they 
should happen to disagree about any matter, and some of them, when 
summoned, will not, or cannot, come, whatever is agreed upon, or en- 

2611 



MAGNA CHARTA 

joined, by the major part of those that are present, shall be reputed as 
firm and valid as if all the five-and-twenty had given their consent; and 
the aforesaid five-and-twenty shall swear that all the premises they shall 
faithfully observe, and cause with all their power to be observed. And we 
will not, by ourselves, or by any other, procure any thing whereby any 
of these concessions and liberties may be revoked or lessened ; and if any 
such thing be obtained, let it be null and void ; neither shall we ever make 
use of it, either by ourselves or any other. And all the ill will, indigna- 
tions and rancours that have arisen between us and our subjects, of the 
clergy and laity, from the first breaking out of the dissentions between 
us, we do fully remit and forgive; moreover all trespasses occasioned by 
the said dissentions, from Easter in the fifteenth year of our reign, till 
the restoration of peace and tranquility, we hereby entirely remit to all, 
both clergy and laity, and, as far as in us lies, do fully forgive. We have, 
moreover, caused to be made for them the letters patent testimonial of 
Stephen, lord archbishop of Canterbury, Henry, lord archbishop of Dub- 
lin, and the bishops aforesaid, as also Master Pandulph, for the secur- 
ity and concessions aforesaid. 

63. Wherefore we will and firmly enjoin, that the Church of England 
be free, and that all the men in our kingdom have and hold all the afore- 
said liberties, rights and concessions, truly and peaceably, freely and 
quietly, fully and wholly to themselves and their heirs, of us and our 
heirs, in all things and places, forever, as is aforesaid. It is also sworn, 
as well on our part as on the part of the barons, that all the things afore- 
said shall be observed, bona fide and without evil subtility. 

Given under our hand in the presence of the witnesses above named 
and many others, in the meadow called Runnymede, between Windsor 
and Staines, the 15th day of June, in the 17th year of our reign. 



2612 



DECLARATION OF INDEPENDENCE. 



In Congress, July 4, 1776. — The Unanimous Declaration of the 
Thirteen United States of America. 

When in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume among the Powers of the earth, the separate and 
equal station to which the laws of Nature and of Nature's God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are created equal, 
that they are endowed by their Creator with certain inalienable rights, 
that among these are life, liberty, and the pursuit of happiness; that to 
secure these rights governments are instituted among men, deriving their 
just powers from the consent of the governed. That whenever any form 
of government becomes destructive of these ends, it is the right of the 
people to alter or abolish it, and to institute new government, laying 
its foundation on such principles and organizing its powers in such form, 
as to them shall seem most likely to effect their safety and happiness. 
Prudence, indeed, will dictate that Governments long established should 
not be changed for light and transient causes; and accordingly all ex- 
perience hath shown that mankind are more disposed to suffer, while evils 
are sufferable, than to right themselves by abolishing the forms to which 
they are accustomed. But when a long train of abuses and usurpations, 
pursuing invariably the same object, evinces a design to reduce them under 
absolute despotism, it is their right, it is their duty, to throw off such 
government, and to provide new guards for their future security. Such 
has been the patient sufferance of these Colonies, and such is now the 
necessity which constrains them to alter their former systems of govern- 
ment. The history of the present King of Great Britain is a history of 
repeated injuries and usurpations, all having in direct object the estab- 
lishment of an absolute tyranny over these States. To prove this, let facts 
be submitted to a candid world. 

He has refused his assent to laws the most wholesome and necessary 
for the public good. 

He has forbidden his Governors to pass laws of immediate and press- 
ing importance, unless suspended in their operation till his assent should 
be obtained; and when so suspended, he has utterly neglected to attend 
to them. 

He has refused to pass other laws for the accommodation of large dis- 
tricts of people, unless those people would relinquish the right of repre- 
sentation in the Legislature, a right inestimable to them and formidable 
to tyrants only. 

He has called together legislative bodies at places unusual, uncomfort- 
able, and distant from the depository of their public records, for the sole 
purpose of fatiguing them into compliance with his measures. 

He has dissolved Representative Houses repeatedly, for opposing with 
manly firmness his invasions on the rights of the people. 

He has refused for a long time after such dissolutions, to cause others 
to be elected; whereby the legislative powers, incapable of annihilation, 

2613 



DECLARATION OF INDEPENDENCE 

have returned to the people at large, for their exercise, the State remain- 
ing, in the meantime, exposed to all the dangers of invasion from without, 
and convulsions within. 

He has endeavored to prevent the population of these States; for that 
purpose obstructing the laws for naturalization of foreigners ; refusing to 
pass others to encourage their migration hither, and raising the condi- 
tions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his assent 
to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the tenure of their 
offices and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms of 
officers, to harass our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, without the 
consent of our legislatures. 

He has affected to render the military independent of, and superior to, 
the civil power. 

He has combined with others to subject us to a jurisdiction foreign to 
our Constitution, and unacknowledged by our laws; giving his assent to 
their acts of pretended legislation. 

For quartering large bodies of armed troops among us. 

For protecting them, by mock trial, from punishment for any mur- 
ders which they should commit on the inhabitants of these States. 

For cutting off our trade with all parts of the world. 

For imposing taxes on us without our consent. 

For depriving us, in many cases, of the benefits of trial by jury. 

For transporting us beyond the seas to be tried for pretended offenses. 

For abolishing the free system of English laws in a neighboring prov- 
ince, establishing therein an arbitrary government, and enlarging its 
boundaries, so as to render it at once an example and fit instrument for 
introducing the same absolute rule into these colonies. 

For taking away our charters, abolishing our most valuable laws, and 
altering, fundamentally, the forms of our government. 

For suspending our own legislatures, and declaring themselves in- 
vested with power to legislate for us in all cases whatsoever. 

He has abdicated government here by declaring us out of his protec- 
tion, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns and 
destroyed the lives of our people. 

He is at this time transporting large armies of foreign mercenaries to 
complete the works of death, desolation, and tyranny, already begun with 
circumstances of cruelty and perfidy scarcely paralleled in the most bar- 
barous ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow citizens taken captive on the high seas 
to bear arms against their country, to become the executioners of their 
friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endeavored 
to bring on the inhabitants of our frontiers, the merciless Indian sav- 
ages, whose known rule of warfare is an undistinguished destruction of 
all ages, sexes and conditions. 

In every stage of these oppressions, we have petitioned for redress in 
the most humble terms. Our repeated petitions have been answered only 
by repeated injury. A prince, whose character is thus marked by every 
act which may define a tyrant, is unfit to be the ruler of a free people. 

2614 



DECLARATION OF INDEPENDENCE 

Nor have we been wanting in attention to our British brethren. We 
have warned them from time to time of attempts by their legislature to 
extend an unwarrantable jurisdiction over us. We have reminded them 
of the circumstances of our emigration and settlement here. We have 
appealed to their native justice and magnanimity, and we have conjured 
them by the ties of common kindred to disavow these usurpations, which 
would inevitably interrupt our connections and correspondence. They 
too have been deaf to the voice of justice and consanguinity. We must, 
therefore, acquiesce in the necessity which denounces our separation, and 
hold them, as we hold the rest of mankind, enemies in war, in peace, 
friends. 

We, therefore, the Representatives of the United States of America, 
in General Congress assembled, appealing to the Supreme Judge of the 
World for the rectitude of our intentions, do, in the name and by author- 
ity of the good people of these colonies, solemnly publish and declare, that 
these united colonies are, and of right ought to be, free and independent 
States; that they are absolved from all allegiance to the British crown, 
and that all political connection between them and the State of Great 
Britain, is and ought to be totally dissolved; and that as free and inde- 
pendent States, they have full power to levy war, conclude peace, contract 
alliances, establish commerce, and to do all other acts and things which 
independent States may of right do. And for the support of this Dec- 
laration, with a firm reliance on the protection of Divine Providence, we 
mutually pledge to each other our lives, our fortunes and our sacred honor. 

JOHN HANCOCK. 

New Hampshire — Josiah Bartlett, Wm. Whipple, Matthew 
Thornton. 

Massachusetts Bay — Sam'l Adams, John Adams, Robert Treat Paine, 
Eldridge Gerry. 

Rhode Island — Step. Hopkins, William Ellery. 

Connecticut — Roger Sherman, Sam'l Huntington, Wm. Williams, 
Oliver Wolcott. 

New York — Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis 
Morris. 

New Jersey — Richd. Stockton, Jno. Witherspoon, Frans Hopkin- 
son, John Hart, Abra. Clark. 

Pennsylvania — Robt. Morris, Benjamin Rush, Benja. Franklin, 
John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James Wilson, 
Geo. Ross. 

Delaware — Caesar Rodney, Geo. Read, Tho. M'Kean. 

Maryland — Samuel Chase, Wm. Paca, Thos. Stone, Charles Car- 
rol of Carrollton. 

Virpinia — George Wythe, Richard Henry Lee, Th. Jefferson, Benja. 
Harrison, Thos. Nelson, Jr., Francis Lightfoot Lee, Carter 
Braxton. 

North Carolina — Wm. Hooper, Joseph Hewes, John Penn. 

South Carolina — Edward Rutledge, Thos. Hayward, Jr., Thomas 
Lynch, Jr., Arthur Middleton. 

Georgia — Button Gwinnett, Lyman Hall, Geo. Walton. 



2615 



CONSTITUTION OF THE UNITED STATES. 



Adopted in Convention September 17, 1787. 

We, the people of the United States, in order to form a more perfect 
Union, establish justice, insure domestic tranquility, provide for the com- 
mon defence, promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and establish this Con- 
stitution for the United States of America: 

ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and House 
of Representatives. 

Section 2. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several States, and the 
electors in each State shall have the qualifications requisite for the electors 
of the most numerous branch of the State Legislature. 

No person shall be a Representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that State in 
which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the sev- 
eral States which may be included within this Union, according to their 
respective numbers, which shall be determined by adding to the whole 
number of free persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years after the first 
meeting of the Congress of the United States, and within every subsequent 
term of ten years, in such manner as they shall by law direct. The num- 
ber of Representatives shall not exceed one for every thirty thousand, 
but each State shall have at least one Representative; and until such 
enumeration shall be made, the State of New Hampshire shall be en- 
titled to choose three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five, New York six, New Jersey four, Penn- 
sylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina 
five, South Carolina five, Georgia three. 

When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such va- 
cancies. 

The House of Representatives shall choose their Speaker and other 
officers ; and shall have the sole power of impeachment. 

Section 3. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof, for six years ; 
and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. 
The seats of the Senators of the first class shall be vacated at the expira- 
tion of the second year, of the second class at the expiration of the fourth 
year, and of the third class at the expiration of the sixth year, so that one- 
third may be chosen every second year ; and if vacancies happen by resig- 
nation, or otherwise, during the recess of the Legislature of any State, 

2616 



CONSTITUTION OF THE UNITED STATES 

the executive thereof may make temporary appointments until the next 
meeting of the Legislature which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the age of 
thirty years, and been nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that State for which he shall 
be chosen. 

The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a President pro 
tempore, in the absence of the Vice President, or when he shall exercise 
the office of the President of the United States. 

The Senate shall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the 
President of the United States is tried, the Chief Justice shall preside. 
And no person shall be convicted without the concurrence of two-thirds of 
the members present. 

Judgment in cases of impeachment shall not extend further than to re- 
moval from office, and disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment and 
punishment, according to law. 

Section 4. The times, places and manner of holding elections for Sen- 
ators and Representatives, shall be prescribed in each State by the Legis- 
lature thereof; but the Congress may at any time by law make or alter 
such regulations, except as to places of choosing Senators. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Section 5. Each House shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall constitute 
a quorum to do business but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent members, 
in such manner, and under such penalties as each House may provide. 

Each House may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two-thirds, 
expel a member. 

Each House shall keep a Journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment 
require secrecy ; and the yeas and nays of the members of either house on 
any question shall, at the desire of one-fifth of those present, be entered on 
the Journal. 

Neither House, during the session of Congress, shall, without the con- 
sent of the other, adjourn for more than three days, nor to any other place 
than that in which the two Houses shall be sitting. 

Section 6. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and paid out of the 
Treasury of the United States. They shall in all cases, except treason, 
felony and breach of the peace, be privileged from arrest during their at- 
tendance at the session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in either House, 
they shall not be questioned in any other place. 

No Senator or Representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created or the emoluments whereof shall 
have been increased during such time; and no person holding any office 

2617 



CONSTITUTION OF THE UNITED STATES 

under the United States, shall be a member of either House during his 
continuance in office. 

Section 7. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with amend- 
ments as on other bills. 

Every bill which shall have passed the House of Representatives and 
the Senate, shall, before it becomes a law, be presented to the President of 
the United States. If he approves he shall sign it, but if not he shall re- 
turn it with his objections to that House in which it shall have originated, 
who shall enter the objections at large on their Journal, and proceed to 
reconsider it. If after such reconsideration two-thirds of that House 
shall agree to pass the bill, it shall be sent, together with the objections, to 
the other House, by which it shall likewise be reconsidered, and if ap- 
proved by two-thirds of that House, it shall become a law. But in all 
such cases the votes of both Houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall be en- 
tered on the Journal of each House respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress by their adjournment prevent 
its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the Senate 
and House of Representatives may be necessary (except on a question of 
adjournment) shall be presented to the President of the United States; 
and before the same shall take effect, shall be approved by him, or being 
disapproved by him, shall be repassed by two-thirds of the Senate and 
House of Representatives, according to the rules and limitations prescribed 
in the case of a bill. 

Section 8. The Congress shall have power to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide for the common 
defense and general welfare of the United States; but all duties, imposts 
and excises shall be uniform throughout the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities and cur- 
rent coin of the United States ; 

To establish post offices and post roads ; 

To promote the progress of science and useful arts, by securing for 
limited times to authors and inventors the exclusive right to their respec- 
tive writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the high seas, 
and offenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water; 

To raise and support armies, but no appropriation of money to that 
use shall be for a longer term than two years ; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and naval 
forces ; 

2618 i 



CONSTITUTION OF THE UNITED STATES 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections and repel invasions ; 

To provide for organizing, arming, and disciplining, the militia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the States respectively, the appointment of the 
officers, and the authority of training the militia according to the discipline 
prescribed by Congress ; 

To exercise exclusive legislation in all cases whatsoever, over such Dis- 
trict (not exceeding ten miles square) as may, by cession of particular 
States, and the acceptance of Congress, become the seat of the Govern- 
ment of the United States, and to exercise like authority over all places 
purchased by the consent of the Legislature of the State in which the 
same shall be, for the erection of forts, magazines, arsenals, dock-yards, 
and other needful buildings; — And 

To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
Constitution in the Government of the United States, or in any depart- 
ment or officer thereof. 

Section 9. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not be prohibited 
by the Congress prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, un- 
less when in cases of rebellion or invasion the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitatio, or other direct tax, shall be laid, unless in proportion to 
the census or enumeration herein before directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or rev- 
enue to the ports of one State over those of another; nor shall vessels 
bound to, or from, one State, be obliged to enter, clear, or pay duties in 
another. 

No money shall be drawn from the Treasury, but in consequence of 
appropriations made by law ; and a regular statement and account of the 
receipts and expenditures of all public money shall be published from 
time to time. 

No title of nobility shall be granted by the United States ; and no per- 
son holding any office of profit or trust under them, shall, without the 
consent of the Congress, accept of any present, emolument, office, or title 
of any kind whatever, from any king, prince, or foreign State. 

Section 10. No State shall enter into any treaty, alliance, or confed- 
eration; grant letters of marque and reprisal; coin money; emit bills of 
credit; make any thing but gold and silver coin a tender in payment of 
debts ; pass any bill of attainder, ex post facto law, or law impairing the 
obligation of contracts, or grant any title of nobility. 

No State shall, without the consent of the Congress, lay any imposts 
or duties on imports or exports, except what may be absolutely necessary 
for executing its inspection laws; and the net produce of all duties and 
imposts, laid by any State on imports or exports, shall be for the use of 
the Treasury of the United States ; and all such laws shall be subject to 
the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of ton- 
nage, keep troops, or ships of war, in time of peace, enter into any agree- 
ment or compact with another State, or with a foreign power, or engage 

2619 



CONSTITUTION OF THE UNITED STATES 

in war, unless actually invaded, or in such imminent danger as will not 
admit of delay. 

ARTICLE II. 

Section 1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of four 
years, and, together with the Vice President, chosen for the same term, 
be elected as follows: 

Each State shall appoint, in such manner as the Legislature thereof 
may direct, a number of electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Congress; 
but no Senator or Representative, or person holding an office of profit or 
trust under the United States, shall be appointed an elector : 

[Here followed provisions as to the mode of casting the electoral vote, 
which are superseded by the Twelfth Amendment."] 

The Congress may determine the time of choosing the electors, and the 
day on which they shall give their votes; which day shall be the same 
throughout the United States. 

No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eligible to 
the office of President; neither shall any person be eligible to that office 
who shall not have attained the age of thirty-five years, and been four- 
teen years a resident within the United States. 

In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice President, and the Congress may 
by law provide for the case of removal, death, resignation, or inability, 
both of the President and Vice President, declaring what officer shall then 
act as President, and such officer shall act accordingly, until the disability 
be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a com- 
pensation, which shall neither be increased nor diminished during the pe- 
riod for which he shall have been elected, and he shall not receive within 
that period any other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall take the follow- 
ing Oath or Affirmation: — "I do solemly swear [or affirm] that I will 
faithfully execute the office of President of the United States, and will to 
the best of my ability, preserve, protect, and defend the Constitution of 
the United States." 

Section 2. The President shall be Commander in Chief of the army 
and navy of the United States, and of the militia of the several States, 
when called into the actual service of the United States; he may require 
the opinion, in writing, of the principal officer in each of the executive de- 
partments, upon any subject relating to the duties of their respective of- 
fices, and he shall have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the Senate, 
to make treaties, provided two thirds of the Senators present concur ; and 
he shall nominate, and by and with the advice and consent of the Senate, 
shall appoint Ambassadors, other public Ministers and Consuls, Judges of 
the Supreme Court, and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, and which shall be es- 
tablished by law ; but the Congress may by law vest the appointment of 
such inferior officers, as they think proper, in the President alone, in the 
courts of law, or in the heads of departments. 

2620 



CONSTITUTION OF THE UNITED STATES 

The President shall have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions which shall ex- 
pire at the end of their next session. 

Section 3. He shall from time to time give to the Congress informa- 
tion of the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on extraor- 
dinary occasions, convene both Houses, or either of them, and in case of 
disagreement between them, with respect to time of adjournment, he may 
adjourn them to such time as he shall think proper; he shall receive Am- 
bassadors and other public Ministers ; he shall take care that the laws be 
faithfully executed, and shall commission all the officers of the United 
States. 

Section 4. The President, Vice President and all civil officers of the 
United States, shall be removed from office on impeachment for, and con- 
viction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The Judges, both of the Supreme 
and inferior courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services a compensation which shall 
not be diminished during their continuance in office. 

Section 2. The judicial power shall extend to all cases in law and 
equity, arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to all cases 
affecting Ambassadors, other public Ministers, and Consuls; to all cases 
of admiralty and maritime jurisdiction; to controversies to which the 
United States shall be a party; to controversies between two or more 
States ; between a State and citizens of another State ; between citizens of 
different States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or citizens thereof, and 
foreign States, citizens or subjects. 

In all cases affecting Ambassadors, other public Ministers and Con- 
suls, and those in which a State shall be a party, the Supreme Court shall 
have original jurisdiction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both as to law and fact, 
with such exceptions, and under such regulations as the Congress shall 
make. 

The trial of all crimes, except in cases of impeachment, shall be by 
jury; and such trial shall be held in the State where said crimes shall 
have been committed ; but when not committed within any State, the trial 
shall be at such place or places as the Congress may by law have directed. 

Section 3. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in open 
court. 

The Congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. And 

2621 



CONSTITUTION OF THE UNITED STATES 

the Congress may by general laws prescribe the manner in which such 
acts, records and proceedings shall be proved, and the effect thereof. 

Section 2. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another State, shall on demand 
of the executive authority of the State from which he fled, be delivered up, 
to be removed to the State having jurisdiction of the crime. 

No person held to service or labor in one State, under the laws thereof, 
escaping into another, shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, but shall be delivered up 
on claim of the party to whom such service or labor may be due. 

Section 3. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the jurisdic- 
tion of any other State; nor any State be formed by the junction of two 
or more States, or parts of States, without the consent of the Legislatures 
of the States concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all needful rules 
and regulations respecting the territory or other property belonging to 
the United States; and nothing in this Constitution shall be so construed 
as to prejudice any claims of the United States, or of any particular 
State. 

Section 4. The United States shall guarantee to every State in this 
Union a Republican form of government, and shall protect each of them 
against invasion, and on application of the Legislature, or the Executive 
(when the Legislature cannot be convened) against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem it nec- 
essary, shall propose amendments to this Constitution, or on the applica- 
tion of the Legislatures of two-thirds of the several States, shall call a 
convention for proposing amendments, which, in either case, shall be 
valid to all intents and purposes, as part of this Constitution, when rati- 
fied by the Legislatures of three-fourths of the several States, or by con- 
ventions in three-fourths thereof, as the one or the other mode of ratifi- 
cation may be proposed by the Congress; Provided, That no amendment 
which may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the ninth 
section of the first Article; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before the adop- 
tion of this Constitution, shall be as valid against the United States under 
this Constitution, as under the Confederation. 

This Constitution, and the laws of the United States which shall be 
made in pursuance thereof; and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land and the judges in every State shall be bound thereby, anything in 
the Constitution or laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the members 
of the several State Legislatures, and all executive and judicial officers, 
both of the United States and of the several States, shall be bound by 
oath or affirmation, to support this Constitution ; but no religious test 
shall ever be required as a qualification to any office or public trust under 
the United States. 

2622 



CONSTITUTION OF THE UNITED STATES 

ARTICLE VII. 

The ratification of the conventions of nine States shall be sufficient for 
the establishment of this Constitution between the States so ratifying the 
same. 
Done in convention by the unanimous consent of the States present the 

seventeenth day of September in the year of our Lord one thousand 

seven hundred and eighty-seven and of the Independence of the United 

States of America the twelfth. 
In witness whereof we have hereunto subscribed our names : 

Geo. WASHINGTON, 
President and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. 

Massachusetts — Nathaniel Gorham, Rufus King. 

Connecticut— Wm. Saml. Johnson, Roger Sherman. 

New York — Alexander Hamilton. 

New Jersey — Wil. Livingston, David Brearley, Wm. Patterson, 
Jona Dayton. 

Pennsylvania — B. Franklin, Thomas Mifflin, Robt. Morris, Geo. 
Clymer, Tho. Fitzsimmons, Jared Ingersoll, James Wilson, Gouv. 
Morris. 

Delaware — Geo. Read, Richard Bassett, John Dickenson, Gunning 
Bedford, Jr., Jaco. Broom. 

Maryland — James McHenry, Danl. Carroll, Dan. of St. Tho. Jen- 
ifer. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — Wm. Blount, Hu. Williamson, Richd. Dobbs, 
Spaight. 

South Carolina — J. Rutledge, Charles Pinckney, Charles Cotes- 
worth Pinckney, Pierce Butler. 

Georgia — William Few, Abr. Baldwin. 
Attest: WILLIAM JACKSON, Secretary. 



ARTICLES AND AMENDMENTS. 

In Addition to and Amendment of, the Constitution of the United 
States of America. 

Proposed by Congress, and ratified by the Legislatures of the several 
States, pursuant to the fifth Article of the original Constitution. 

AMENDMENT I. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assemble, 
and to petition the Government for a redress of grievances. 

AMENDMENT II. 
A well regulated militia, being necessary to the security of a free State, 
the right of the people to keep and bear arms, shall not be infringed. 

AMENDMENT III. 

No soldier shall, in time of peace, be quartered in any house, without 
the consent of the owner, nor in time of war, but in a manner to be pre- 
scribed by law. 

2623 



CONSTITUTION OF THE UNITED STATES 

AMENDMENT IV. 
The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be vio- 
lated, and no warrants shall issue but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to be searched, 
and the persons or things to be seized. 

AMENDMENT V. 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a Grand Jury, except in 
cases arising in the land or naval forces, or in the militia, when in actual 
service in time of war or public danger; nor shall any person be subject 
for the same offense to be twice put in jeopardy of life or limb ; nor shall be 
compelled in any criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process of law; nor shall 
private property be taken for public use, without just compensation. 

AMENDMENT VI. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature and 
cause of the accusation ; to be confronted with the witnesses against him ; 
to have compulsory process for obtaining witnesses in his favor, and to 
have the assistance of counsel for his defence. 

AMENDMENT VII. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no fact 
tried by a jury shall be otherwise re-examined in any Court of the United 
States, than according to the rules of the common law. 

AMENDMENT VIII. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

AMENDMENT IX. 

(The enumeration in the Constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people. <_-- 

AMENDMENT X. 

The powers not delegated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States respectively, or 
to the people. 

AMENDMENT XI. 

The judicial power of the United States shall not be construed to ex- 
tend to any suit in law or equity, commenced or prosecuted against one 
of the United States by a citizen of another State, or by citizens or sub- 
jects of any foreign State. 

AMENDMENT XII. 

The Electors shall meet in their respective States, and vote by ballot 
for President and Vice President, one of whom, at least, shall not be an 
inhabitant of the same State with themselves; they shall name in their 
ballots the person voted for as President, and in distinct ballots the person 

2624 



CONSTITUTION OF THE UNITED STATES 

voted for as Vice President, and they shall make a distinct list of all per- 
sons voted for as President, and of all persons voted for as Vice Presi- 
dent, and of the number of votes for each, which list they shall sign and 
certify, and transmit sealed to the seat of the Government of the United 
States, directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Representatives, 
open all the certificates and the votes shall then be counted. The person 
having the greatest number of votes for President, shall be the Presi- 
dent, if such number be a majority of the whole number of Electors ap- 
pointed; and if no person have such majority, then from the persons hav- 
ing the highest numbers not exceeding three on the list of those voted 
for as President, the House of Representatives shall choose immediately, 
by ballot, the President. But in choosing the President, the votes shall 
be taken by States, the representation from each State having one vote; 
a quorum for this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States shall be neces- 
sary to a choice. And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice President shall 
act as President, as in the case of the death or other Constitutional dis- 
ability of the President. The person having the greatest number of votes 
as Vice President, shall be the Vice President, if such number be a ma- 
jority of the whole number of electors appointed, and if no person have 
a majority, then from the two highest numbers on the list, the Senate 
shall choose the Vice President; a quorum for the purpose shall consist 
of two-thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person Constitution- 
ally ineligible to the office of President shall be eligible to that of Vice 
President of the United States. 

AMENDMENT XIII. 

Section 1. Neither slavery nor involuntary servitude, exceot as a 
punishment for crime whereof the party shall have been duly convicted, 
shall exist within the United States, or any place subject to their juris- 
diction. 

Section 2. Congress shall have power to enforce this Article by ap- 
propriate legislation. 

AMENDMENT XIV. 

Section 1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States and 
of the State wherein they reside. No State shall make or enforce any 
law which shall abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of life, liberty, or 
property, without due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for President and 
Vice President of the United States, Representatives in Congress, the 
executive and judicial officers of a State, or the members of the Legisla- 
ture thereof, is denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion, or other crime, the basis 

2625 



CONSTITUTION OF THE UNITED STATES 

of representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male citi- 
zens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in Con- 
gress, or elector of President and Vice President, or hold any office, civil 
or military, under the United States, or under any State, who, having 
previously taken an oath, as a member of Congress, or as an officer of the 
United States, or as a member of any State Legislature, or as an execu- 
tive or judicial officer of any State, to support the Constitution of the 
United States, shall have engaged in insurrection or rebellion against the 
same, or given aid or comfort to the enemies thereof. But Congress may 
by a vote of two-thirds of each House, remove such disability. 

Section 4. The validity of the public debt of the United States, au- 
thorized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall not 
be questioned. But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or emancipation of 
any slave; but all such debts, obligations and claims shall be held illegal 
and void. 

Section 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

AMENTMENT XV. 

Section 1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on account of 
race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

AMENDMENT XVI. 

The Congress shall have power to lay and collect taxes from whatever 
source derived, without apportionment among the several States, and with 
out regard to any census or enumeration. 

AMENDMENT XVII. 

The Senate of the United States shall be composed of two Senators 
from each State, elected by the people thereof, for six years; and each 
Senator shall have one vote. The electors in each State shall have the 
qualifications requisite for electors of the most numerous branch of the 
State legislatures. 

When vacancies happen in the representation of any State in the Sen- 
ate, the executive authority of such State shall issue writs of election to 
fill such vacancies : Provided , That the legislature of any State may em- 
power the executive thereof to make temporary appointment until the 
people fill the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or 
term of any Senator chosen before it becomes valid as part of the Con- 
stitution. 

AMENDMENT XVIII. 

Section 1. After one year from the ratification of this article the 
manufacture, sale or transportation of intoxicating liquors within, the 
importation thereof into, or the exportation thereof from the United 
States and all territory subject to the jurisdiction thereof for beverage 
purposes is hereby prohibited. 

2626 



CONSTITUTION OF THE UNITED STATES 

Section 2. The Congress and the several States shall have concurrent 
power to enforce this article by appropriate legislation. 

Section 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of the 
several States, as provided in the Constitution, within seven years from 
the date of the submission hereof to the States by the Congress. 



2627 



ORGANIC ACT OF THE TERRITORY OF IDAHO. 

[12 U. S. Stat. L. 808, c. 117.] 



Note: The description in this act included not only what is now the state of Idaho, 
but also the present state of Montana and almost all of the present state of Wyoming. 
The boundaries were subsequently changed by the following congressional acts: Act 
creating the territory of Montana and temporarily annexing a portion of the territory 
of Idaho to the territory of Dakota, approved May 26, 1864, 13 U. S. Stat. L. c. 95, p. 85; 
act creating territory of Wyoming, approved July 25, 1868, 15 U. S. Stat. L. c. 235, p. 178, 
and the boundaries as finally fixed were embodied in U. S. R. S., § 1902, and confirmed 
in identical language in the Idaho constitution, Art. XVII, 1, and in slightly different 
sequence and language in the Idaho admission bill. 

Originally Idaho was a part of what was known as the Oregon country, to which 
the United States, Great Britain, Spain and Russia made claims. By treaty between 
the United States and Spain, February 22, 1819, Spain ceded to the United States all 
her rights in this northwestern territory, north of the forty-second (42d) parallel, 
S U. S. Stat. L. 2 52. Russia also relinquished her claims thereto, and south of 5 4 degrees, 
40 minutes north latitude by treaty with the United States, April 5, 182 4, 8 U. S. Stat. 
L 302. On Oct. 20, 1818, the United States and Great Britain agreed by treaty that 
any territory which might be claimed by either party on the northwest coast of America 
westward of the Stony mountains (original name for Rocky mountains) should be free 
and open for a term of 10 years to the vessels, citizens and subjects of both powers, 
8 U. S. Stat. L. 2 48. This treaty was indefinitely continued in force by another treaty 
between these countries, Aug. 6, 1827, which provided, however, that either party 
could, at any time after Oct. 20, 1828, annul it by giving 12 months' notice to the other 
party, 8 U. S. Stat. L. 360. By joint resolution of the senate and house of representa- 
tives, April 27, 1846, the President was authorized to give Great Britain the notice 
required for the abrogation of the treaty of Aug. 6, 1827, 9 U. S. Stat. L. 109. The 
joint occupation of the territory between the Rocky mountains and the Pacific coast 
was terminated and the boundary line between the possessions of Great Britain and the 
United States fixed as the 49th parallel of north latitude, Great Britain retaining the 
island of Vancouver, by treaty between the United States and Great Britain, June 15, 
1846, 9 U. S. Stat. L. 869. 

All the territory of the United States lying west of the summit of the Rocky moun- 
tains, north of the 4 2d degree of north latitude was organized into the territory of 
Oregon, Aug. 14, 1848, 9 U. S. Stat. L. 323. The territory of Washington was created 
from a portion of the territory of Oregon, March 2, 1853, and included the present 
state of Washington and that portion of Idaho and Montana which is north of parallel 
46 and west of the Rocky mountains, 10 U. S. Stat. L.. 172. When Oregon was admitted 
as a state, Feb. 14, 1859, its present boundaries w T ere fixed and all the rest of the 
territory of Oregon, including what is now southern Idaho, was made a part of the 
territory of Washington, 11 U. S. Stat. L. 383, 384. Idaho remained a part of the 
territory of Washington until its organization as a territory by the passage of this 
organic act. 

It is of historical interest to know that the counties of Shoshone, Nez Perce, Idaho and 
Boise were originally created by the Washington territorial legislature. A history of 
the various acts concerning these counties is found in Bancroft's Works, vol. XXXI, 
p. 404. 

AN ACT 
To Provide a Temporary Government for the Territory of Idaho. 



Section. 

1. Territory of Idaho; boundaries. 

2. Executive power, Governor, etc. 

3. Secretary, when to act as Governor. 

4. Legislative power, what constitutes, 
length of session, etc. 

5. . Voters at first election. 

6. Veto power of Governor, taxes, etc. 

7. District, county or township officers. 

8. Members of assembly, who may be. 

9. Judicial power, with whom vested. 



appointment of, 



Section. 

10. Territorial officers, 
salaries, pay of. 

11. Members of assembly, session of, etc. 

12. Seat of government, delegate, Consti- 
tutional laws, etc. 

13. Delegate in Congress; how elected, 
and qualifications of electors, etc. 

14. Public lands, school sections. 

15. Judicial districts and judges. 

16. Officers to give bonds. 

17. Treaties with Indians, agencies, etc. 



Be It Enacted by the Senate and House of Representatives of the 
United States in Congress Assembled, That all that part of the territory 
of the United States included within the following limits, to-wit: Begin- 
ning at a point in the middle channel of the Snake River where the north- 
ern boundary of Oregon intersects the same; then follow down the said 



2628 



ORGANIC ACT OF THE TERRITORY OF IDAHO 

channel of Snake River to a point opposite the mouth of Kooskooskia, or 
Clearwater River ; thence due north to the forty-ninth parallel of latitude ; 
thence east along said parallel to the twenty-seventh degree of longitude 
west of Washington; thence south along said degree of longitude to the 
northern boundary of Colorado Territory; thence west along said boun- 
dary to the thirty-third degree of longitude west of Washington; thence 
north along said degree to the forty-second parallel of latitude; thence 
west along said parallel to the eastern boundary of the State of Oregon; 
thence north along said boundary to the place of beginning. And the 
same is hereby created into a temporary government, by the name of the 
Territory of Idaho: Provided. That nothing in this act contained shall 
be construed to inhibit the government of the United States from dividing 
said Territory or changing its boundaries in such manner and at such time 
as Congress shall deem convenient and proper, or from attaching any 
portion of said Territory to any other State or Territory of the United 
States: Provided, further, That nothing in this act contained shall be 
construed to impair the rights of person or property now pertaining to 
the Indians in said Territory, so long as such right shall remain inextin- 
guished by treaty between the United States and such Indians, or include 
any territory, which, by treaty with the Indian tribes, is not, without the 
consent of said tribe, to be included within the territorial limits or juris- 
diction of any State or Territory ; but all such Territory shall be excepted 
out of the boundaries and constitute no part of the Territory of Idaho, 
until said tribe shall signify their assent to the President of the United 
States to be included within said Territory, or to affect the authority of 
the Government of the United States, to make any regulations respecting 
such Indians, their lands, property, or other rights, by treaty, law, or 
otherwise, which it would have been competent for the Government to 
make if this Act had never been passed. 

Section 2. And be it further enacted, That the executive power and 
authority in and over said Territory of Idaho shall be vested in a Gov- 
ernor, who shall hold his office for four years, and until his successor shall 
be appointed and qualified, unless sooner removed by the President of 
the United States. The Governor shall reside within said Territory, and 
shall be commander-in-chief of the militia, and superintendent of Indian 
affairs thereof. He may grant pardons and respites for offenses against 
the laws of said Territory, and reprieve for offenses against the laws of 
the United States until the decision of the President of the United States 
can be made known thereof ; he shall commission all officers who shall be 
appointed to office under the laws of said Territory, and shall take care 
that the laws be faithfully executed. 

Section 3. And be it further enacted, That there shall be a Secretary 
of said Territory, who shall reside therein, and shall hold his office for four 
years, unless sooner removed by the President of the United States; he 
shall record and preserve all laws and proceedings of the Legislative As- 
sembly hereinafter constituted, and all the acts and proceedings of the 
Governor in his executive department; he shall transmit one copy of the 
laws and journals of the Legislative Assembly within thirty days after 
the end of each session, and one copy of the executive proceedings and of- 
ficial correspondence semi-annually, on the first days of January and July 
in each year, to the President of the United States, and two copies of the 
laws to the President of the Senate and to the Speaker of the House of 
Representatives for the use of Congress; and in case of the death, re- 
moval, resignation, or absence of the Governor from the Territory, the 
Secretary shall be, and he is hereby, authorized and required to execute 

2629 



ORGANIC ACT OF THE TERRITORY OF IDAHO 

and perform all the powers and duties of the Governor during such va- 
cancy or absence, or until another Governor shall be duly appointed and 
qualified to fill such vacancy. 

Section 1. And h< if further enacted, That the legislative power and 
authority of said Territory shall be vested in the Governor and Legislative 
Assembly . The Legislative Assembly shall consist of a Council and House 
of Representatives. The Council shall consist of seven members having 
the qualifications of voters herinafter prescribed, whose term of serv- 
ice shall continue two years. The House of Representatives shall at its first 
sion, consist of thirteen members possessing the same qualifications as 
prescribed for the members of the Council, and whose term of service 
shall continue one year. The number of Representatives may be increased 
by the Legislative Assembly, from time to time, to twenty-six, in propor- 
tion to the increase of qualified voters ; and the Council, in like manner, to 
thirteen. An apportionment shall be made as nearly equal as practicable 
among the several counties or districts for the election of the Council and 
Representatives, giving to each section of the Territory representation in 
the ratio of its qualified voters as nearly as may be. And the members of 
the Council and of the House of Representatives shall reside in, and be 
inhabitants of, the district or county, or counties, for which they may be 
elected respectively. Previous to the first election, the Governor shall cause 
a census or enumeration of the inhabitants and qualified voters of the sev- 
eral counties and districts of the Territory to be taken by such persons 
and in such mode as the Governor shall designate and appoint, and the 
persons so appointed shall receive a reasonable compensation therefor. 
And the first election shall be held at such time and places, and may be 
conducted in such manner both as to the persons who shall superintend 
such election and the returns thereof, as the Governor shall appoint and 
direct; and he shall at the same time declare the number of members of 
the Council and House of Representatives to which each of the counties 
or districts shall be entitled under this Act. The persons having the high- 
est number of legal votes in each of said Council districts for members of 
the Council shall be declared by the Governor to be duly elected to the 
Council and the persons having the highest number of legal votes for the 
House of Representatives shall be declared by the Governor to be duly 
elected members of said House : Provided, That in case two or more per- 
sons voted for shall have an equal number of votes, and in case a vacancy 
shall otherwise occur in either branch of the Legislative Assembly, the Gov- 
ernor shall order a new election ; and the persons thus elected to the Leg- 
islative Assembly shall meet at such place and on such day as the Governor 
shall appoint; but thereafter he time, place and manner of holding and 
conducting all elections by the people and the apportioning the representa- 
tion in the several counties or districts to the Council and House of Repre- 
sentatives, according to the number of qualified voters, shall be prescribed 
by law, as well as the day of the commencement of the regular sessions of 
the Legislative Assembly : Provided, That no session in any one year shall 
exceed the term of forty days, except the first session, which may continue 
sixty days. 

Section 5. And be it further enacted, That every free white male in- 
habitant above the age of twenty-one years, who shail have been an actual 
resident of said Territory at the time of the passage of this act, shall be 
entitled to vole at the first election, and shall be eligible to any office within 
the said Territory; but the qualifications of voters, and of holding office, 
at all subsequent elections, shall be such as shall be prescribed by the Leg- 
islative Assembly. 

2630 



ORGANIC ACT OF THE TERRITORY OF IDAHO 

Section 6. And be it further enacted, That the legislative power of the 
Territory shall extend to all rightful subjects of legislation consistent with 
the Constitution of the United States and the provisions of this Act; but 
no law shall be passed interfering with the primary disposal of the soil ; no 
tax shall be imposed upon the property of the United States, nor shall the 
lands or other property of non-residents be taxed higher than the lands or 
other property of residents. Every bill which shall have passed the Coun- 
cil and House of Representatives of the said Territory shall, before it be- 
comes a law, be presented to the Governor of the Territory ; if he approve, 
he shall sign it; but if not he shall return it, with his objections, to the 
house in which it originated, who shall enter the objections at large upon 
their journal and proceed to reconsider it. If, after such reconsideration, 
two-thirds of that house shall agree to pass the bill, it shall be sent together 
with the objections, to the other house, by which it shall likewise be recon- 
sidered ; and if approved by two-thirds of that house, it shall become a law. 
But in all such cases the votes of both houses shall be determined by yeas 
and nays, to be entered on the journal of each house resnectivelv. If any 
bill shall not be returned by the Governor within three days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law in like manner as if he had signed it, unless the assembly, by adjourn- 
ment, prevent its return ; in which case it shall not be a law : Provided, 
That whereas slavery is prohibited in said Territory by an Act of Con- 
gress of June nineteenth, eighteen hundred and sixty-two, nothing herein 
contained shall be construed to authorize or permit its existence therein. 

Section 7. And be it further enacted, That all township, district, and 
county officers, not herein otherwise provided for, shall be appointed or 
elected, as the case may be, in such manner as shall be provided by the 
Governor and Legislative Assembly of the Territory of Idaho. The Gov- 
ernor shall nominate and, by and with the advice and consent of the Legis- 
lative Council, appoint all officers not herein otherwise provided for, and 
in the first instance the Governor alone may appoint all said officers, who 
shall hold their offices until the end of the first session of the Legislative 
Assembly, and shall lay off the necessary districts for members of the 
Council and House of Representatives, and all other officers. 

Section 8. And be it further enacted, That no member of the Legis- 
lative Assembly shall hold or be appointed to any office which shall have 
been created, or the salary or emoluments of which shall have been in- 
creased, while he was a member, during the term for which he was elected, 
and for one year after the expiration of such term ; but this restriction shall 
not be applicable to members of the first Legislative Assembly ; and no per- 
son holding a commission or appointment under the United States, except 
postmasters, shall be a member of the Legislative Assembly, or shall hold 
any office under the government of said Territory. 

Section 9. And be it further enacted, That the judicial power of said 
Territory shall be vested in a supreme court, district courts, probate courts, 
and justices of the peace. The supreme court shall consist of a chief jus- 
tice and two associate justices, any two of whom shall constitute a quorum, 
and who shall hold a term at the seat of government of said Territory an- 
nually and they shall hold their offices during a period of four years, and 
until their successors shall be appointed and qualified. The said Territory 
shall be divided into three judicial districts, and a district court shall be 
held in each of said districts by one of the justices of the supreme court 
at such times and places as may be prescribed by law; and the said judges 
shall after their appointments, respectively, reside in the districts which 
shall be assigned them. The jurisdiction of the several courts herein pro- 

2631 

Vol. Ill— 2 



ORGANIC ACT OF THE TERRITORY OF IDAHO 

vided for, both appellate and original, and that of the probate courts and 
justices of the peace shall be limited by law: Provided, That justices of 
the peace shall have no jurisdiction of any matter in controversy when the 
title or boundaries of any land may be in dispute, or where the debt or 
sum claimed shall exceed one hundred dollars; and the said supreme and 
district courts, respectively, shall possess chancery as well as common-law 
jurisdiction. Each district court, or the judge thereof, shall appoint its 
clerk, who shall also be the register in chancery, and shall keep his office at 
the place where the court may be held. Writs of error, bills of exceptions, 
and appeals shall be allowed in all cases from the final decisions of said 
district courts to the supreme court, under such regulations as may be pre- 
scribed by law. The supreme court, or justices thereof, shall appoint its 
own clerk, and every clerk shall hold office at the pleasure of the court 
for which he shall have been appointed. Writs of error and appeals from 
the final decisions of said supreme court shall be allowed and may be taken 
to the supreme court of the United States, in the same manner and under 
the same regulations as from the Circuit Court of the United States, where 
the value of the property of the amount in controversy, to be ascertained 
by the oath or affirmation of either party or other competent witnesses, 
shall exceed one thousand dollars, except that a writ of error or appeal shall 
be allowed to the Supreme Court of the United States from the decision of 
the said supreme court created by this Act, or of any judge thereof, upon 
any writs of habeas corpus involving the question of personal freedom. 
And each of the said district courts shall have and exercise the same ju- 
risdiction, in all cases arising under the Constitution and laws of the United 
States, as is vested in the Circuit and District Courts of the United States; 
and the first six days of every term of said courts, or so much thereof 
as shall be necessary, shall be appropriated to the trial of causes arising 
under the said Constitution and laws ; and writs of error and appeal in all 
cases shall be made to the supreme court of said Territory, the same as in 
other cases. The said clerks shall receive, in all such cases, the same fees 
which the clerks of the district courts of Washington Territory now receive 
for similar services. 

Section 10. And be it further enacted, That there shall be appointed an 
attorney for said Territory, who shall continue in office four years, and un- 
til his successor shall be appointed and qualified, unless sooner removed by 
the President of the United States, and who shall receive the same fees 
and salary as the attorney of the United States for the present Territory of 
Washington. There shall also be a marshal for the Territory appointed, 
who shall hold his office for four years, and until his successor shall be ap- 
pointed and qualified, unless sooner removed by the President of the United 
States, and who shall execute all processes issuing from the said courts, 
when exercising their jurisdiction as Circuit and District Courts of the 
United States ; he shall perform the duties, be subject to the same regula- 
tions and penalties, and be entitled to the same fees as the marshal of the 
District Court of the United States for the present Territory of Washing- 
ton and shall, in addition be paid two hundred dollars annually as a com- 
pensation for extra services. 

Section 11. And be it further enacted, That the Governor, Secretary, 
Chief Justice, and Associate Justices, Attorney, and Marshal, shall be ap- 
pointed by the President of the United States by and with the advice and 
consent of the Senate. The Governor and Secretary to be appointed as 
aforesaid, shall, before they act as such respectively, take an oath or af- 
firmation, before the district judge or some justice of the peace in the lim- 
its of said Territory, duly authorized to administer oaths or affirmations by 

2632 



ORGANIC ACT OF THE TERRITORY OF IDAHO 

the laws now in force therein, or before the Chief Justice or some Asso- 
ciate Justice of the Supreme Court of the United States, to support the 
Constitution of the United States, and faithfully to discharge duties of 
their respective offices, which said oaths, when so taken, shall be certified 
by the person by whom the same shall have been taken, and such certifi- 
cate shall be received and recorded by the said Secretary among the execu- 
tive proceedings ; and the Chief Justice and the Associate Justices, and all 
civil officers in said Territory, before they act as such shall take a like oath 
or affirmation before the said Governor or Secretary, or some judge or jus- 
tice of the peace of the Territory, who may be duly commissioned and qual- 
ified, which said oath or affirmation shall be certified and transmitted by 
the person taking the same to the Secretary to be by him recorded as afore- 
said; and afterwards the like oath or affirmation shall be taken, certified, 
and recorded in such manner and form as may be prescribed by law. The 
Governor shall receive an annual salary of two thousand five hundred dol- 
lars, the Chief Justice and Associate Justices shall receive an annual salary 
of two thousand five hundred dollars, the Secretary shall receive an annual 
salary of two thousand dollars; the said salaries shall be paid quarter- 
yearly from the dates of the respective appointments, at the Treasury of 
the United States ; but no payment shall be made until said officers shall 
have entered upon the duties of their respective appointments. The mem- 
bers of the Legislative Assembly shall be entitled to receive four dollars 
each per day during their attendance at the sessions thereof and four dol- 
lars each for every twenty miles traveled in going to and returning from 
said sessions, estimated according to the nearest usually traveled route, 
and an additional allowance of four dollars per day shall be paid to the pre- 
siding officer of each house for each day he shall preside. And a chief clerk, 
one assistant clerk, one engrossing and one enrolling clerk, a sergeant-at- 
arms and door-keeper may be chosen for each house; and the chief clerk 
shall receive four dollars per day, and the said other officers three dollars 
per day, during the session of the Legislative Assembly ; but no other offi- 
cers shall be paid by the United States : Provided, That there shall be but 
one session of the Legislative Assembly annually, unless on an extraor- 
dinary occasion, the Governor shall think proper to call the Legislative 
Assembly together. There shall be appropriated annually the usual sum 
to be expended by the Governor to defray the contingent expenses of the 
Territory, including the salary of the clerk of the executive department; 
and there shall also be appropriated annually a sufficient sum, to be ex- 
pended by the Secretary of the Territory, and upon an estimate to be 
made by the Secretary of the Treasury of the United States to defray the 
expenses of the Legislative Assembly, the printing of the laws and other 
incidental expenses; and the Governor and Secretary of the Territory 
shall, in the disbursement of all moneys entrusted to them, be governed 
solely by the instruction of the Secretary of the Treasury of the United 
States, and shall, semi-annually, account to the said Secretary for the 
manner in which the aforesaid moneys shall have been expended, and 
no expenditure shall be made by the Legislative Assembly for objects 
not specially authorized by the Acts of Congress making the appropria- 
tions, nor beyond the sums thus appropriated for such objects. 

Section 12. And be it further enacted. That the Legislative Assem- 
bly of the Territory of Idaho shall hold its first session at such time and 
place in said Territory as the Governor thereof shall appoint and direct; 
and at said first session, or as soon thereafter as they shall deem expe- 
dient, the Governor and Legislative Assembly shall proceed to locate and 
establish the seat of government for said Territory at such place as they 

2633 



ORGANIC ACT OF THE TERRITORY OF IDAHO 

may deem eligible: Provided, That the seat of government fixed by the 
Governor and Legislative Assembly shall not be at any time changed, 
except by an Act of the said Assembly duly passed, and which shall be 
approved, after due notice, at the first general election thereafter, by a 
majority of the legal votes cast on that question. 

Section 13. And be it further enacted, That a delegate to the House 
of Representatives of the United States, to serve for the term of two years, 
who shall be a citizen of the United States, may be elected by the voters 
qualified to elect members of the Legislative Assembly, who shall be en- 
titled to the same rights and privileges as are exercised and enjoyed by 
the delegates from the several other Territories of the United States to 
the said House of Representatives, but the delegate first elected shall hold 
his seat only during the term of the Congress to which he shall be elected. 
The first election shall be held at such time and places, and be conducted 
in such manner as the Governor shall appoint and direct; and at all sub- 
sequent elections the times, places, and manner of holding elections shall 
be prescribed by law. The person having the greatest number of legal 
votes shall be declared by the Governor to be duly elected, and a certifi- 
cate thereof shall be given accordingly. That the Constitution and all the 
laws of the United States which are not locally inapplicable shall have 
the same force and effect within the said Territory of Idaho as elsewhere 
within the United States. 

Section 14. And be it further enacted, That when the lands in the 
Territory shall be surveyed, under the direction of the Government of the 
United States, preparatory to bringing the same into market, sections 
numbered sixteen and thirty-six in each township in said Territory shall 
be, and the same are hereby reserved for the purpose of being applied to 
schools in said Territory, and in the States and Territories hereafter to 
be erected out of the same. 

Section 15. And be it further enacted, That until otherwise provided 
by law, the Governor of said Territory may define the judicial districts 
of said Territory, and assign the judges who may be appointed for said 
Territory to the several districts, and also appoint the times and places 
for holding courts in the several counties or subdivisions in each of said 
judicial districts, by proclamation to be issued by him; but the Legisla- 
tive Assembly, at their first or any subsequent session, may organize, alter, 
or modify such judicial districts, and assign the judges, and alter the times 
and places of holding the courts, as to them shall seem proper and con- 
venient. 

Section 16. And be it further enacted, That all officers to be ap- 
pointed by the President of the United States, by and with the advice 
and consent of the Senate, for the Territory of Idaho, who, by virtue of 
the provisions of any law now existing, or which may be enacted by Con- 
gress, are required to give security for moneys that may be entrusted with 
them for disbursement, shall give such security at such time and in such 
manner as the Secretary of the Treasury may prescribe. 

Section 17. And be it further enacted, That all treaties, laws, and 
other engagements made by the Government of the United States with the 
Indian tribes inhabiting the Territory embraced within the provisions of 
this Act, shall be faithfully and rigidly observed, anything contained in 
this Act to the contrary notwithstanding ; and that the existing agencies 
and superintendencies of said Indians be continued with the same powers 
and duties which are now prescribed by law, except that the President of 
the United States may, at his discretion, change the location of the offices 
of said agencies or superintendencies. 

Approved, March 3rd, 1863. 

2634 



PORTIONS OF THE 

REVISED STATUTES OF THE UNITED STATES 

Applicable to the Territory of Idaho and Compiled 

in the Revised Statutes of Idaho, 1887, as 

the "Organic Act." 



TITLE XXIII. THE TERRITORIES. 

CHAPTER ONE. 
Provisions Common to all the Territories. 



Section 
1839. 



1840. 

1841. 
1842. 
1843. 
1844. 
1845. 

1846. 
1847. 
1848. 
1849. 
1850. 
1851. 
1852. 



1854. 

1855. 

1856. 

1857. 
1858. 
1859. 

1860. 
1861. 
1862. 
1863. 

1864. 
1865. 
1866. 
1867. 
1868. 



70. 
71. 

72. 

73. 

74. 

75. 
76. 
77. 
78. 
79. 
80. 
81. 
82. 
83. 
84. 



Se 
Right of Indians in person and 18 
property not impaired by this title, 
etc.; boundaries, etc. 18 

Authority to regulate Indians; jur- 18 
isdiction of Indians. 18 

Executive power. 

Veto power. 18 

Secretary. 18 

Secretary's duties. 

Salaries of Governors and secre- li 
taries. 1! 

Legislative power. 1! 

Census and elections. 1< 

Time and place of holding elections. 1! 
Apportionment. 1! 

Laws to be submitted to Congress. 1! 
Extent of legislative powers. 1! 

Limit of time of sessions. 1! 

Compensation of members. 11 

Number of members, etc. 
Members of Legislature prohibited 1885 
from holding certain offices. 
Prohibition of extra compensation 1886 
to certain officers. 

Election of justices of the peace 1.8 
and militia officers. 18 

Other officers. 

Vacancies, how filled. 18 

Qualifications of voting and holding 
office at first election. 1 

At future elections. 

Subordinate officers of Legislature. 18 
Delegate to Congress. 
Time, places, and manner of elect- 
ing delegate. 1 
Supreme Courts of Territories. 
Judicial Districts and Courts. 1 
Jurisdiction of courts. 
Jurisdiction of justices of the peace. 
Chancery and common law juris- 1895 
diction. 



ction. 

69. Appellate jurisdiction of Supreme 
Court. 

Clerk of Supreme Court. 
Clerk of District Court. 
Register in chancery, residence and 
office. 

Judicial district, how defined. 
Judges of Supreme Court to hear 
certain causes. 
District attorneys. 
Marshals. 

Appointment of Governor, etc. 
Oath of office; how qualified. 
Salaries of Justices. 
Salary of Attorney. 
Salary of Marshal. 
When salaries to be paid. 
Fees of clerks, etc. 
Salary not to be paid when officer 
is absent. 

Seat of government in a new Ter- 
ritory. 

Accounts of the Territories; no pay- 
ment unless approved by Congress. 
Limitation on expenses of printing. 
Limitation on expenses of Legisla- 
ture. 

Legislatures not to grant special 
charters or pass special laws. 
Limitation on rights of religious 
corporations to hold real estate. 
Constitution and laws of United 
States made applicable to all the 
Territories. 

Rules for the government of peni- 
tentiaries. 
Payment of Marshal, etc., and of 
expenses of subsistence, etc., of of- 
fenders. 

Imprisonment in penitentiaries. 
Public schools. 



87. 



89. 



890. 



91. 



893 



894 



Sec. 1839. Nothing in this Title shall be construed to impair the 
rights of person or property pertaining to the Indians in any Territory, 
so long as such rights remain unextinguished by treaty between the 
United States and such Indians, or to include any Territory which, by 
treaty with any Indian tribe, is not, without the consent of such tribe, 
embraced within the Territorial limits, or jurisdiction of any State or 
Territory ; but all such territory shall be excepted out of the boundaries, 
and constitute no part of any Territory now or hereafter organized until 



2635 



REVISED STATUTES OF THE UNITED STATES 

such tribe signifies its assent to the President to be embraced within a 
particular Territory. 

Sec. 1840. Nor shall anything in this Title be construed to affect the 
authority of the United States to make any regulation respecting the In- 
dians of any Territory, their lands, property, or rights, by treaty, law or 
otherwise, in the same manner as might be made if no temporary gov- 
ernment existed or is hereafter established, in any such Territory. 

Sec. 9. That immediately upon and after the date of the pass- 
age of this act, all Indians, committing against the person or 
property of another Indian, or other person, any of the fol- 
lowing crimes, namely: Murder, manslaughter, rape, assault 
with intent to kill, arson, burglary and larceny, within any 
Territory of the United States, and either within or without 
an Indian reservation, shall be subject therefor to the laws of 
such Territory relating to said crimes, and shall be tried 
therefor in the same courts and in the same manner, and shall 
be subject to the same penalties as are all other persons 
charged with the commission of said crimes, respectively; and 
the said courts are hereby given jurisdiction in all such cases; 
and all such Indians committing any of the above crimes 
against the person or property of another Indian or other per- 
son within the boundaries of any State of the United States, 
and within the limits of any Indian reservation, shall be sub- 
ject to the same laws, tried in the same courts and in the 
same manner, and subject to the same penalties as are all 
other persons committing any of the above crimes within the 
exclusive jurisdiction of the United States. (Act of March 3, 
1885.) 

Sec. 1841. The executive power of each Territory shall be vested in 
a Governor, who shall hold his office for four years, and until his suc- 
cessor is appointed and qualified, unless sooner removed by the Presi- 
dent. He shall reside in the Territory for which he is appointed, and 
shall be commander-in-chief of the militia thereof. He may grant par- 
dons and reprieves, and remit fines and forfeitures, for offenses against 
the laws of the Territory for which he is appointed, and respites for 
offenses against the laws of the United States, till the decision of the 
President can be made known thereon. He shall commission all officers 
who are appointed under the laws of such Territory, and shall take care 
that the laws thereof be faithfully executed. 

Sec. 1842. Every bill which has passed the Legislative Assembly of 
any Territory shall, before it becomes a law, be presented to the Gov- 
ernor. If he approve, he shall sign it, but if not, he shall return it, 
with his objections to that house in which it originated, and that house 
shall enter the objections at large on its journal, and proceed to recon- 
sider it. If, after such reconsideration, two-thirds of that house agree 
to pass the bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered; and, if approved 
by two-thirds of that house, it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for or against the bill shall be entered on 
the journal of such house. If any bill is not returned by the governor 
within three days, Sundays excluded, except in Washington and Wyo- 
ming, where the term is five days, Sundays excluded, after it has been 
presented to him, the same shall be a law, in like manner as if he had 

2636 



PROVISIONS COMMON TO ALL TERRITORIES 

signed it, unless the Legislative Assembly, by adjournment sine die, 
prevent its return, in which case it shall not be a law. 

Sec. 1843. There shall be appointed a Secretary for each Territory, 
who shall reside within the Territory for which he is appointed, and 
shall hold his office for four years, and until his successor is appointed 
and qualified, unless sooner removed by the President. In case of the 
death, removal, resignation or absence of the Governor from the Ter- 
ritory, the Secretary shall execute all the powers and perform all duties of 
Governor, during such vacancy, or absence, or until another Governor is 
appointed and qualified. 

Sec. 1844. The Secretary shall record and preserve all the laws 
and proceedings of the Legislative Assembly, and all the acts and pro- 
ceedings of the Governor in the executive department; he shall transmit 
one copy of the laws and journals of the Legislative Assembly, within 
thirty days after the end of each session thereof, to the President, and 
two copies of the laws, within like time, to the President of the Senate, 
and to the Speaker of the House of Representatives, for the use of Con- 
gress. He shall transmit one copy of the executive proceedings and official 
correspondence semi-annually, on the first day of January and July in 
each year, to the President. He shall prepare the acts passed by the 
Legislative Assembly for publication, and furnish a copy thereof to the 
public printer of the Territory, within ten days after the passage of each 
act. 

And hereafter it shall be the duty of the Secretary of each 
Territory to furnish estimates in detail for the lawful expenses 
thereof, to be presented the Secretary of the Treasury on of be- 
fore the first day of October of every year. [Act June 20, 1874.] 

Sec. 1845. From and after the first day of July, eighteen hundred 
and seventy-three, the annual salaries of the Governors of the several 
Territories shall be three thousand five hundred dollars, and the salaries 
of the Secretaries shall be two thousand five hundred dollars each. 

Sec. 1846. The Legislative power in each Territory shall be vested 
in the Governor and a Legislative Assembly. The Legislative Assembly 
shall consist of a Council and House of Representatives. The members 
of both branches of the Legislative Assembly shall have the qualifications 
of voters as herein prescribed. They shall be chosen for the term of two 
years, and the sessions of the respective Legislative Assemblies shall be 
biennial. Each Legislative Assembly shall fix by law the day of the 
commencement of its regular sessions. The members of the Council and 
of the House of Representatives shall reside in the district or county for 
which they are respectively elected. 

Sec. 1847. Previous to the first election for members of the Legis- 
lative Assembly of a Territory in which Congress may hereafter provide 
a temporary government, the Governor shall cause a census of the inhabi- 
tants and qualified voters of the several counties and districts of the 
Territory to be taken by such persons and in such mode as he may desig- 
nate and appoint, and the persons so appointed shall receive a reasonable 
compensation for their services. And the first election shall be held at 
such time and places, and be conducted in such manner, both as to the 
persons who superintend such election and the returns thereof, as the 
Governor may direct; and he shall, at the same time, declare the number 
of members of the Council and the House of Representatives to which 
each of the counties or districts is entitled under the act providing such 
temporary government for the particular Territory. The persons having 
the highest number of legal votes in each of the districts for members 

2637 



REVISED STATUTES OF THE UNITED STATES 

of the Council, shall be declared by the Governor to be duly elected to the 
Council, and the persons having the highest number of legal votes for the 
House of Representatives shall be declared by the Governor to be duly 
elected members of that House ; but in case two or more persons voted for 
have an equal number of votes, and in case a vacancy otherwise occurs 
in either branch of the Legislative Assembly, the Governor shall order 
a new election; and the persons thus elected to the Legislative Assembly 
shall meet at such place and on such day as the Governor appoints. 

Sec. 1848, After such first election, however, the time, place and 
manner of holding elections by the people in any newly created Territory, 
as well as of holding all such elections in Territories now organized, shall 
be prescribed by the laws of each Territory. 

Sec. 1849. The apportionment of representation which the Governor 
is authorized to make by section eighteen hundred and forty-seven, in the 
case of a Territory hereafter erected by Congress shall be as nearly equal 
as practicable among the several districts and counties for such first elec- 
tion of the Council and House of Representatives, giving to each section 
of the Territory representation in the ratio of its population, except 
Indians not taxed ; and thereafter in such new Territory, as well as in all 
Territories now organized, the Legislative Assemblies, respectively, may 
re-adjust and apportion the representation of the two houses thereof, 
among the several counties and districts, in such manner, from time to 
time, as they deem just and proper; but the number of either house, as 
authorized by law shall not be increased. 

Sec. 1850. All laws passed by the Legislative Assembly and Gover- 
nor of any Territory except in the Territories of Colorado, Dakota, Idaho, 
Montana, and Wyoming, shall be submitted to Congress, and, if disap- 
proved, shall be null and of no effect. 

Sec. 1851. The legislative power of every Territory shall extend to 
all rightful subjects of legislation, not inconsistent with the Constitution 
and laws of the United States. But no law shall be passed interfering with 
the primary disposal of the soil ; no tax shall be imposed upon the prop- 
erty of the United States; nor shall the lands or other property of non- 
residents be taxed higher than the lands or other property of residents. 

Sec. 1852. The sessions of the Legislative Assemblies of the several 
Territories of the United States shall be limited to sixty days' duration. 
[Act Dec. 23, 1880.] 

That from and after the adjournment of the next session of the 
several Territorial Legislatures the Council of each of the Territories 
of the United States shall not exceed twelve members, and the House 
of Representatives of each shall not exceed twenty-four members, and 
the members of each branch of the said several Legislatures shall re- 
ceive a compensation of four dollars per day each during the sessions 
provided by law, and shall receive such mileage as the law provides. 

And the President of the Council and the Speaker of the House of 
Representatives shall each receive six dollars per day for the same 
time. 

And the several Legislatures at their next sessions are directed 
to divide their respective Territories into as many Council and Rep- 
resentative districts as they desire, which districts shall be as nearly 
equal as practicable, taking into consideration population, except 
"Indians not taxed": 

Provided, The number of Council districts shall not exceed twelve, 
and the Representative districts shall not exceed twenty-four in any 

2638 



PROVISIONS COMMON TO ALL TERRITORIES 

one of said Territories, and all parts of sections eighteen hundred and 
forty-seven; eighteen hundred and forty-nine; eighteen hundred and 
fifty-three, and nineteen hundred and twenty-two of the Revised Stat- 
utes of the United States in conflict with the provisions herein are 
repealed. [Act June 19, 1878.] 

Sec. 1854. No member of the Legislative Assembly of any Territory 
now organized shall hold or be appointed to any office which has been 
created, or the salary or emoluments of which have been increased, while 
he was a member, during the term for which he was elected, and for one 
year after the expiration of such term ; but this restriction shall not be 
applicable to members of the first Legislative Assembly in any Territory 
hereafter organized ; and no person holding a commission or appointment 
under the United States, except postmasters, shall be a member of the* 
Legislative Assembly, or shall hold any office under the Government of 
any Territory. The exception of postmasters shall not apply to the Ter- 
ritory of Washington. 

Sec. 1855. No law of any Territorial Legislature shall be made or 
enforced, by which the Governor or Secretary of a Territory, or the mem- 
bers or officers of any Territorial Legislature are paid any compensation 
other than that provided by the laws of the United States. 

Provided, That for the performance of all official duties imposed 
by the Territorial Legislatures, and not provided for in the organic 
act, the Secretaries of the Territories respectively shall be allowed 
such fees as may be fixed by the Territorial Legislatures. [Act June 
19, 1878.] 

Sec. 1856. Justices of the peace and all general officers of the militia, 
in the several Territories, shall be elected by the people, in such manner 
as the respective Legislatures may provide by law. 

Be it enacted, etc. (Sec. 1.) That when from any cause there shall 
be a vacancy in the office of justice of the peace in any of the Terri- 
tories of the United States, it shall be lawful to fill such vacancy by 
appointment or election, in such manner as has been or may be pro- 
vided by the Governor and Legislative Assembly of such Territory; 

Provided, That such appointee, or person elected to fill such va- 
cancy, shall hold office only until his successor shall be regularly 
elected and qualified as provided by law. [Act April 16, 1880.] 

Sec. 1857. All township, district, and county officers, except justices 
of the peace and general officers of the militia, shall be appointed or elected 
in such manner as may be provided by the Governor and Legislative As- 
sembly of each Territory; and all other officers not herein otherwise pro- 
vided for, the Governor shall nominate, and by and with the advice and 
consent of the Legislative Council of each Territory, shall appoint; but 
in the first instance, where a new Territory is hereafter created by Con- 
gress, the Governor alone may appoint all the officers referred to in this 
and the preceding section and assign them to their respective townships, 
districts and counties ; and the officers so appointed shall hold their offices 
until the end of the first session of the Legislative Assembly. 

Sec. 1858. In any of the Territories, whenever a vacancy happens 
from resignation or death, during the recess of the Legislative Council, in 
any office which, under the Organic Act of any Territory, is to be filled by 
appointment of the Governor, by and with the advice and consent of the 
Council, the Governor shall fill such vacancy by granting a commission, 
which shall expire at the end of the next session of the Legislative Council. 

2639 



REVISED STATUTES OF THE UNITED STATES 

Sec. 1859. Every male citizen above the age of twenty-one including 
persons who have legally declared their intention to become citizens in any 
Territory hereafter organized, and who are actual residents of such Ter- 
ritory at the time of the organization thereof, shall be entitled to vote at 
the first election in such Territory, and to hold any office therein ; subject, 
nevertheless, to the limitations specified in the next section. 

Sec. 1860. At all subsequent elections, however, in any Territory 
hereafter organized by Congress, as well as at all elections in Territories 
already organized, the qualifications of voters and of holding office shall 
be such as may be prescribed by the Legislative Assembly of each Terri- 
tory; subject, nevertheless, to the following restrictions on the power of 
the Legislative Assembly, namely: 

First. The right of suffrage and of holding office shall be exercised 
only by citizens of the United States, above the age of twenty-one years, 
and by those above that age who have declared on oath^ before a compe- 
tent court of record, their intention to become such, and have taken an 
oath to support the Constitution and Government of the United States. 

Second. There shall be no denial of the elective franchise, or of hold- 
ing office to a citizen on account of race, color, or previous condition of 
servitude. 

Third. No officer, soldier, seaman, mariner, or other person in the 
army or navy, or attached to troops in the service of the United States, 
shall be allowed to vote in any Territory, by reason of being on service 
therein, unless such Territory is and has been for the period of six months, 
his permanent domicile. 

Fourth. No person belonging to the army or navy shall be elected to 
or hold any civil office or appointment in any Territory, except officers 
of the army on the retired list. [Act March 3, 1883.] 

Sec. 1861. That the subordinate officers of each branch of said Terri- 
torial Legislatures shall consist of one chief clerk, who shall receive a 
compensation of six dollars per day; one enrolling and engrossing clerk, 
at five dollars per day; sergeant-at-arms and doorkeeper, at five dollars 
per day ; one messenger and watchman, at four dollars per day each ; and 
one chaplain, at one dollar and fifty cents per day. 

Said sums shall be paid only during the sessions of said Legislatures; 
and no greater number of officers or charges per diem shall be paid or 
allowed by the United States to any Territory. [Act June 19, 1878.] 

Sec. 1862. Every Territory shall have the right to send a delegate to 
the House of Representatives of the United States, to serve during each 
Congress, who shall be elected by the voters in the Territory qualified to 
elect members of the Legislative Assembly thereof. The person having 
the greatest number of votes shall be declared by the Governor duly elected, 
and a certificate shall be given accordingly. Every such Delegate shall 
have a seat in the House of Representatives, with the right of debating, 
but not of voting. 

Sec. 1863. The first election of a Delegate in any Territory for which 
a temporary government is hereafter provided by Congress, shall be held 
at the time and places, and in the manner the Governor of such Territory 
may direct, after at least sixty days' notice, to be given by proclamation ; 
but at all subsequent elections therein for a Delegate, as well as at all 
elections for a Delegate in organized Territories, such time, places, and 
manner of holding the election shall be prescribed by the law of each 
Territory. 

Sec. 1864. The Supreme Court of every Territory shall consist of a 
Chief Justice and two Associate Justices, any two of whom shall consti- 

2640 



PROVISIONS COMMON TO ALL TERRITORIES 

tute a quorum, and they shall hold their offices for four years, and until 
their successors are appointed and qualified. They shall hold a term an- 
nually at the seat of government of the Territory for which they are re- 
spectively appointed. 

Sec. 1865. Every Territory shall be divided into three Judicial Dis- 
tricts ; and a District Court shall be held in each district of the Territory 
by one of the Justices of the Supreme Court, at such time and place as may 
be prescribed by law ; and each Judge, after assignment, shall reside in the 
district to which he is assigned. 

Sec. 1866. The jurisdiction, both appellate and original, of the courts 
provided for in Sections 1907 and 1908, shall be limited by law. 

Sec. 1867. No justices of the peace in any Territory shall have juris- 
diction of any case in which the title to land, or the boundary thereof, in 
anywise comes in question. 

Sec. 1868. The Supreme Court and the District Courts, respectively, 
of every Territory, shall possess chancery as well as common law juris- 
diction. 

Whereas, By the Organic Acts establishing several of the Terri- 
tories of the United States, it is provided that certain courts thereof 
shall have common law and chancery jurisdiction, and doubts have 
been entertained whether said jurisdictions must be exercised sepa- 
rately, or whether they may be exercised together in the same pro- 
ceeding, and whether the codes and rules of practice adopted in said 
Territories which have authorized a mingling of said jurisdictions in 
the same proceeding, or a uniform course of proceeding in all cases 
legal and equitable, are repugnant to the said Organic Acts respec- 
tively : Therefore, 

Be it enacted, etc., That it shall not be necessary in any of the 
courts of the several Territories of the United States, to exercise sepa- 
rately the common law and chancery jurisdictions vested in said 
courts ; and that the several codes and rules of practice adopted in said 
Territories respectively, in so far as they authorize a mingling of said 
jurisdictions or a uniform course of proceeding in all cases whether 
legal or equitable, be confirmed; and that all proceedings heretofore 
had or taken in said courts in conformity with said respective codes 
and rules of practice, so far as relates to the form and mode of pro- 
ceeding, be, and the same are hereby, validated and confirmed : Pro- 
vided, That no party has been or shall be deprived of the right of trial 
by jury in cases cognizable at common law. [Act April 7, 1874.] 

Sec. 1869. Writs of error, bills of exception, and appeals shall be al- 
lowed, in all cases, from the final decisions of the District Courts to the 
Supreme Court, of all Territories, respectively, under such regulation 
as may be prescribed by law, but in no case, removed to the Supreme Court, 
shall trial by jury be allowed in that Court. 

Sec. 1870. The Supreme Court of each Territory shall appoint its own 
clerk, who shall hold his office at the pleasure of the Court for which he is 
appointed. 

Sec. 1871. Each Judge of the Supreme Court of the respective Ter- 
ritories shall designate and appoint one person as Clerk of the District 
over which he presides, where one is not already appointed, and shall 
designate and retain but one such clerk where more than one is already 
appointed, and only such District Clerk shall be entitled to a compensation 
from the United States. 

2641 



REVISED STATUTES OF THE UNITED STATES 

Sec. 1872. Every District Clerk shall be also the register in chancery, 
and shall reside and keep his office at the place where the Court is held. 

Sec. 1873. Temporarily, and until otherwise provided by law, the Gov- 
ernor of every Territory, which may hereafter be established, shall define, 
by proclamation, the judicial districts of such Territory, and assign the 
judges appointed for such Territory, to the several districts, as well as fix 
the times and places for holding courts in the respective counties or sub- 
divisions of each judicial district. 

Sec. 1874. The Judges of the Supreme Court of each Territory are 
authorized to hold court within their respective districts, in the counties 
wherein, by the laws of the Territory, courts have been or may be estab- 
lished ; for the purpose of hearing and determining all matters and causes, 
except those in which the United States is a party; but the expense of 
holding such courts shall be paid by the Territory, or by the counties in 
which the courts are held, and the United States shall in no case be charge- 
able therewith. 

Sec. 1875. There shall be appointed in each Territory a person learned 
in the law, to act as Attorney for the United States. He shall continue in 
office for four years, and until his successor is appointed and qualified, un- 
less sooner removed by .the President. 

Sec. 1876. There shall be appointed a Marshal for each Territory, 
He shall execute all processes issuing from the Territorial courts when 
exercising their jurisdiction as Circuit and District Courts of the United 
States. He shall have the power and perform the duties, and be subject 
to the regulations and penalties, imposed by law, on the Marshals for the 
several judicial districts of the United States. He shall hold his office for 
four years, and until his successor is appointed and qualified, unless sooner 
removed by the President. 

Sec. 1877. The Governor, Secretary, Chief Justice, and Associate 
Justices, Attorney, and Marshal of every Territory shall be nominated, 
and by and with the advice and consent of the Senate, appointed by the 
President. 

Sec. 1878. The Governor and Secretary for each Territory shall, 
before they act as such, respectively take an oath before the District 
Judge, or some justice of the peace in the limits of the Territory for which 
they are appointed, duly authorized to administer oaths by the laws in 
force therein, or before the Chief Justice or some Associate Justice of the 
Supreme Court of the United States, to support the Constitution of the 
United States and faithfully to discharge the duties of their respective 
offices; and such oaths shall be certified by the person before whom the 
same are taken ; and such certificates shall be received and recorded by the 
Secretary among the executive proceedings; and the Chief Justice and 
the Associate Justices, and all other civil officers appointed for any Terri- 
tory, before they act as such, shall take a like oath before the Governor 
or Secretary, or some Judge or Justice of the Peace of the Territory who 
may be duly commissioned and qualified, and such oath shall be certified 
and transmitted by the person taking the same to the Secretary, to be, by 
him, recorded as above directed; but after the first qualification of the 
officers herein specified in the case of a new Territory, as well as in all 
organized Territories, the like oath shall be taken, certified, and recorded 
in such manner and form as may be prescribed by the law of each Terri- 
tory. 

Hereafter payment of salaries of all officers of the Territories of 
the United States appointed by the President, shall commence only 
when the person appointed to any such office shall take the proper 

2642 



PROVISIONS COMMON TO ALL TERRITORIES 

oath, and shall enter upon the duties of such office in such Territory ; 
and said oath shall hereafter be administered in the Territory in which 
such office is held. [Act May 1, 1876.] 

Sec. 1879. The annual salary of the Chief Justice and Associate Jus- 
tices of all the Territories now organized, shall be three thousand dollars 
each. 

Sec. 1880. The salary of the Attorney of the United States for each 
Territory, shall be at the rate of two hundred and fifty dollars annually. 

Sec. 1881. The salary of the Marshal of the United States for each 
Territory, shall be at the rate of two hundred dollars a year. 

Sec. 1882. The salaries provided for in this Title, to be paid to the 
Governor, Secretary, Chief Justices and Associate Justices, District Attor- 
ney and Marshal of the several Teritories, shall be paid quarter-yearly 
at the Treasury of the United States. 

That hereafter the salaries appropriated for the United States 
judges in the foregoing paragraphs, and judges of the court of claims, 
and of the Territories may be paid monthly. [Act March 3, 1881.] 

Sec. 1883. The fees and costs to be allowed to the United States 
Attorneys and Marshals, to the Clerks of the Supreme and District Courts, 
and to jurors, witnesses, commissioners, and printers, in the Territories 
of the United States, shall be the same for similar services by such persons 
as prescribed in chapter sixteen, Title "The Judiciary, ,, and no other 
compensation shall be taxed or allowed. 

Sec. 1884. When any officer of a Territory is absent therefrom, and 
from the duties of his office, no salary shall be paid him during the year 
in which such absence occurs, unless good cause therefor be shown to 
the President, who shall officially certify his opinion of such cause to the 
proper accounting officer of the Treasury, to be filed in his office. 

Sec. 1885. The Legislative Assembly of every Territory hereafter 
organized shall hold its first session at such time and place in the Territory 
as the Governor thereof shall appoint and direct ; and at the first session 
of the Legislative Assembly, or as soon thereafter as it may be deemed 
expedient, the Governor and Legislative Assembly shall proceed to locate 
and establish a seat of government for the Territory at such place as 
they may think proper; but such place shall thereafter be subject to be 
changed by the Governor and Legislative Assembly. 

Sec. 1886. All accounts for disbursements, in the Territories of the 
United States, of money oppropriated by Congress for the support of 
government therein, shall be settled and adjusted at the Treasury Depart- 
ment ; and no Act, Resolution or order of the Legislature of any Territory 
directing the expenditure of the sum, shall be deemed a sufficient authority 
for such disbursement, but sufficient vouchers and proof for the same 
shall be required by the accounting officers of the Treasury. No payment 
shall be made or allowed, unless the Secretary of the Treasury has esti- 
mated therefor and the object been approved by Congress. No session of 
the Legislature of a Territory shall be held until the appropriation for 
its expenses has been made. 

Sec. 1887. Hereafter no expense for printing, exceeding four thous- 
and dollars, including printing laws, journals, bills, and necessary printing 
of the same nature, shall be incurred for any session of the Legislature of 
any of the Territories. 

And in no case shall the expenditure for public printing in any 
of the Territories exceed the sum of two thousand five hundred 
dollars for any one year. [Act June 19, 1878.] 

2643 



REVISED STATUTES OF THE UNITED STATES 

Sec. 1888. No Legislative Assembly of a Territory shall, in any in- 
stance or under any pretext, exceed the amount appropriated by Congress 
for its annual expenses. 

Be it enacted, etc., That the Legislatures of the Territories of the 
United States now, or hereafter to be organized, shall not pass local 
or special laws in any of the following enumerated cases, that is to 
say: 

Granting divorces. 

Changing the names of persons or places. 

Laying out, opening, altering, and working roads or highways. 

Vacating roads, town-plats, streets, alleys and public grounds. 

Locating or changing county seats. 

Regulating county and township affairs. 

Regulating the practice in courts of justice. 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates and constables. 

Providing for changes of venue in civil and criminal cases. 

Incorporating cities, toivns, or villages, or changing or amending 
the charter of any town, city, or village. 

For the punishment of crimes or misdemeanors. 

For the assessment and collection of to,xes for Territorial, county, 
township, or road purposes. 

Summoning and impaneling grand or petit jurors. 

Providing for the management of common schools. 

Regulating the rate of interest on money. 

The opening and conducting of any election or designating the 
place of voting. 

The sale or mortgage of real estate belonging to minors or others 
under disability. 

The protection of game or fish. 

Chartering or licensing ferries or toll bridges. 

Remitting fines, penalties, or forfeitures. 

Creating, increasing or decreasing fees, percentage, or allowances 
of public officers during the term for which said officers are elected 
or appointed. 

Changing the law of descent. 

Granting to any corporation, association, or individual the right 
to lay down railroad tracks, or amending existing charters for such 
purpose. 

Granting to any corporation, association, or individual any special 
or exclusive privilege, immunity, or franchise whatever. 

In all other cases tvhere a general laiv can be made applicable, no 
special law shall be enacted in any of the Territories of the United 
States by the Territorial Legislatures thereof. 

Sec. 2. That no Territory of the United States now or hereafter 
to be organized, or any political or municipal corporation or subdi- 
vision of any such Territory, shall hereafter make any subscription 
to the capital stock of any incorporated company, or company or asso- 
ciation having corporate powers, or in any manner loan its credit to, 
or use it for the benefit of any such company or association, or borrow 
any money for the use of any such company or association. 

Sec. 3. That no law of any Territorial Legislature shall authorize 
any debt to be contracted by or on behalf of such Territory except 
in the following cases: To meet a casual deficit in the revenues, to 

2644 



PROVISIONS COMMON TO ALL TERRITORIES 

pay the interest upon the Territorial debt, to suppress insurrections, 
or to provide for the public defense, except that in addition to any 
indebtedness created for such purposes, the Legislature may authorize 
a loan for the erection of penal, charitable or educational institutions 
for such Territory, if the total indebtedness of the Territory is not 
thereby made to exceed one per centum upon the assessed value of 
the taxable property in such Territory as shown by the last general 
assessment for taxation. And nothing in this Act shall be construed 
to prohibit the refunding of any existing indebtedness of such Terri- 
tory or of any political or municipal corporation, county or other 
subdivision therein. 

Sec. 4. That no political or municipal corporation, county or other 
subdivision, in any of the Territories of the United States, shall ever 
become indebted in any manner or for any purpose, to any amount in 
the aggregate, including existing indebtedness, exceeding four per 
centum on the value of the taxable property within such corporation, 
county, or subdivision, to be ascertained by the last assessment for 
Territorial and county taxes previous to the incurring of such in- 
debtedness; and all bonds or obligations in excess of such amount 
given by such corporation shall be void. That nothing in this Act con- 
tained shall be so construed as to affect the validity of any Act of any 
Territorial Legislature heretofore enacted, or of any obligations ex- 
isting or contracted thereunder, nor to preclude the issuing of bonds al- 
ready contracted for in pursuance of express provisions of law; nor 
to prevent any Territorial Legislature from legalizing the acts of 
any county, municipal corporation, or subdivision of any Territory 
as to any bonds heretofore issued or contracted to be issued. 

Sec. 1889. The Legislative Assemblies of the several Territories 
shall not grant private charters or special privileges, but they may, by 
general incorporation Acts, permit persons to associate themselves to- 
gether as bodies corporate, for mining, manufacturing, and other indus- 
trial pursuits, and for conducting the business of insurance, banks of 
discount and deposit (but not of issue), loan, trust, and guarantee as- 
sociations, and for the construction or operation of railroads, wagon 
roads, irrigating ditches, and the colonization and improvement of lands 
in connection therewith, or for colleges, seminaries, churches, libraries, 
or any other benevolent, charitable, or scientific association. 

Sec. 6. That nothing in this Act contained shall be construed to 
abridge the power of Congress to annul any law passed by a Ter- 
ritorial Legislature, or to modify any existing law of Congress re- 
quiring in any case that the laws of any Territory shall be submitted 
to Congress. 

Sec. 7. That all Acts and parts of Acts hereafter passed by any 
Territorial Legislature in conflict with the provisions of this Act 
shall be null and void. [Act July 30, 1886.] 

Sec. 1890. No corporation or association, for religious or charitable 
purposes, shall acquire or hold real estate in any Territory, during the 
existence of the Territorial government, of a greater value than fifty 
thousand dollars; and all real estate acquired or held by such corpora- 
tion or association contrary hereto shall be forfeited and escheat to the 
United States; but existing vested rights in real estate shall not be im- 
paired by the provisions of this section. 

Sec. 1891. The Constitution and all laws of the United States which 
are not locally inapplicable shall have the same force and effect within 

2645 



REVISED STATUTES OF THE UNITED STATES 

all the organized Territories, and in every Territory hereafter organized, 
as elsewhere within the United States. 

Sec. 2. That the penitentiaries in the Territories of Montana, 
Idaho and Wyoming, shall continue under the care and control of 
the Marshal of the United States for said Territories, under and 
pursuant to the provisions of the act entitled, "An Act in relation 
to certain Territorial penitentiaries, " approved January tenth, 
eighteen hundred and seventy-one; which said last mentioned act is 
hereby revived and reenacted, so far as the same applies to the Ter- 
ritories of Montana, Idaho and Wyoming. [Act June 20, 1874.] 

Sec. 1893. The Attorney General of the United States shall prescribe 
all needful rules and regulations for the government of such peniten- 
tiary, and the Marshal having charge thereof shall cause them to be 
duly and faithfully executed and obeyed, and the reasonable compen- 
sation of the Marshal and his deputies, for their services under such 
regulations, shall be fixed by the Attorney General. 

Sec. 1894. The compensation, as well as the expense incident to the 
subsistence and employment of offenders against the laws of the United 
States, who have been, or may hereafter be, sentenced to imprisonment 
in such penitentiary, shall be chargeable on, and payable out of the fund 
for defraying the expenses of suits in which the United States are con- 
cerned, and of the prosecutions for offenses committed against the Unit- 
ed States; but nothing herein shall be construed to increase the maxi- 
mum compensation now allowed by law to those officers. 

Sec. 1895. Any person convicted by a court of competent jurisdic- 
tion in a Territory, for a violation of the laws thereof, and sentenced to 
imprisonment, may, at the cost of such Territory, on such terms and 
conditions as may be prescribed by such rules and regulations, be re- 
ceived, subsisted and employed in such penitentiary during the term of 
his imprisonment, in the same manner as if he had been convicted of an 
offense against the laws of the United States. 

Be it' enacted, etc., That the Legislative Assemblies of the several 
Territories of the United States may make such provision for the 
care and custody of such persons as may be convicted of crime un- 
der the laws of such Territory as they shall deem proper, and for 
that purpose may authorize and contract for the care and custody 
of such convicts in any other Territory or State, and provide that 
such person or persons may be sentenced to confinement accord- 
ingly in such Territory or State, and all existing legislative enact- 
ments of any of the Territories for that purpose are hereby legal- 
ized: Provided, That the expense of keeping such prisoner shall 
be borne by the respective Territories, and no part thereof shall be 
borne by the United States. [Act June 16, 1880.] 

Be it enacted, etc., That the nature of alcoholic drinks and nar- 
cotics, and special instruction as to their effects upon the human 
system, in connection with the several divisions of the subject of 
physiology and hygiene, shall be included in the branches of study 
taught in the common or public schools, and in the military and 
naval schools, and shall be studied and taught as thoroughly and in 
the same manner as other like required branches are in said schools, 
by the use of text books in the hands of pupils where other branches 
are thus studied in said schools, and by all pupils in all said schools 
throughout the Territories, in the Military and Naval Academies of 

2646 



PROVISIONS CONCERNING PARTICULAR TERRITORIES 

the United States, and in the District of Columbia, and in all Indian 
and colored schools in the Territories of the United States. 

Sec. 2. That it shall be the duty of the proper officers in control 
of any school described in the foregoing section to enforce the 
provisions of this act; and any such officer, school director, com- 
mittee, superintendent, or teacher who shall refuse or neglect to 
comply with the requirements of this Act, or shall neglect or fail 
to make proper provisions for the instruction required, and in the 
manner specified by the first section of this Act, for all pupils in 
each and every school under his jurisdiction, shall be removed from 
office, and the vacancy filled as in other cases. 

Sec. 3. That no certificate shall be granted to any person to 
teach in the public schools of the District of Columbia or Territor- 
ies, after the first day of January, anno Domini eighteen hundred 
and eighty-eight, who has not passed a satisfactory examination in 
physiology and hygiene, with special reference to the nature and 
the effects of alcoholic drinks and other narcotics upon the human 
system. [Act May 20, 1886.] 

CHAPTER TWO. 
Of Provisions Concerning Particular Organized Territories. 



Section 

1902. 
1905. 
1906. 

1907. 

1909. 

1910. 
1914. 



Boundaries of Idaho. 
Elections in Washington and Idaho. 
The Delegate to Congress must be 
a citizen of the United States. 
The judicial power, how vested in 
all the Territories except Arizona. 
Writs of error to United States 
Supreme Court. 
Jurisdiction of District Courts. 
Judges of Supreme Courts in Idaho 
and Montana to define judicial dis- 
tricts, etc. 

Extra session of Legislative Assem- 
bly in Washington, Idaho and Mon- 
tana. 



Section 

1927. 
1935. 



1940. 
1941. 



1943. 

1945. 

1946. 
1949. 
1951. 



Jurisdiction of justices of the peace. 
Contingent expenses of certain Ter- 
ritories. 

In Washington, Idaho and Montana. 
No payment of salaries in certain 
Territories until officers enter on 
their duties. 

In Idaho and Montana, mileage of 
members. 

In Idaho and Montana, seat of 
government. 

School lands in certain Territories. 
53. Extra session of Legislative Assem- 1949. Agencies, etc., continued. 

Disbursing officers in Washington, 
Idaho and Montana, to give se- 
curity. 

Sec. 1902. All that part of the territory of the United States, includ- 
ed within the following limits, to wit: Beginning at a point in the mid- 
dle channel of the Snake river, where the northern boundary of Oregon 
intersects the same ; then follow down the channel of Snake River to a 
point opposite the mouth of the Kooskooskia or Clear Water River; 
thence due north to the forty-ninth parallel of latitude ; thence east along 
that parallel to the thirty-ninth degree of longitude west of Washing- 
ton; thence south along that degree of longitude to the crest of the 
Bitter Root Mountains; thence southward along the crest of the Bitter 
Root Mountains till its intersection with the Rocky Mountains; thence 
southward along the crest of the Rocky Mountains to the thirty-fourth 
degree of longitude west of Washington ; thence south along that degree 
of longitude to the forty-second degree of north latitude; thence west 
along that parallel to the eastern boundary of the State of Oregon; 
thence north, along that boundary to the place of beginning, is created 
into a temporary government by the name of the Territory of Idaho. 

Sec. 1905. The elections in the Territories of Washington and Idaho 
for Delegates to the House of Representatives shall be held biennially, 
on the Tuesday next following the first Monday in November; and all 
elective Territorial, county and precinct officers shall hereafter be 



2647 



REVISED STATUTES OF THE UNITED STATES 

elected at the times herein specified, unless otherwise provided by leg- 
islation subsequent hereto, in either of such Territories. 

Sec. 1906. The Delegate to the House of Representatives from each 
of the Territories of Washington, Idaho and Montana, must be a citizen 
of the United States. 

Sec. 1907. The judicial power in New Mexico, Utah, Washington, 
Colorado, Dakota, Idaho, Montana, and Wyoming, shall be vested in a 
Supreme Court, District Courts, probate courts, and in justices of the 
peace. 

Be it enacted, etc., That the probate courts of the Territory of 
Idaho, in their respective counties, in addition to their probate jur- 
isdiction, be, and they are hereby authorized to hear and determine 
all civil causes wherein the damage or debt claimed does not ex- 
ceed the sum of five hundred dollars, exclusive of interest, and such 
criminal cases arising under the laws of the Territory as do not 
require the intervention of a grand jury: Provided, That they 
shall not have jurisdiction in any matter in controversy, when the 
title, boundary, or right to the peaceable possession of land may be 
in dispute, or in chancery or divorce cases : And, provided further, 
That in all cases an appeal may be taken from any order, judgment 
or decree of said probate courts to the District Court. [Act De- 
cember 13, 1870.] 

Sec. 1909. Writs of error and appeals from the final decisions of 
the Supreme Court of either of the Territories of New Mexico, Utah, 
Colorado, Dakota, Arizona, Idaho, Montana and Wyoming, shall be 
allowed to the Supreme Court of the United States, in the same manner 
and under the same regulations as from the Circuit Courts of the United 
States, where the value of the property or the amount in controversy, to 
be ascertained by the oath of either party, or of other competent wit- 
nesses, exceeds one thousand dollars, except that a writ of error or ap- 
peal shall be allowed to the Supreme Court of the United States from 
the decision of the Supreme Courts created by this title or of any Judge 
thereof, or of the District Courts created by this Title, or of any Judge 
thereof, upon writs of habeas corpus involving the question of personal 
freedom. 

Be it enacted, etc., That no appeal or writ of error shall hereafter 
be allowed from any judgment or decree in any suit at law, or in 
equity in the Supreme Court of the District of Columbia, or in the 
Supreme Court of any of the Territories of the United States, un- 
less the matter in dispute, exclusive of costs, shall exceed the sum 
of five thousand dollars. 

Sec. 2. That the preceding section shall not apply to any case 
wherein is involved the validity of any patent or copyright, or in 
which is drawn in question the validity of a treaty or statute of or 
an authority exercised under the United States ; but in all such cases 
an appeal or writ of error may be brought without regard to the 
sum or value in dispute. [Act March 3, 1885.] 

Sec. 2. That the appellate jurisdiction of the Supreme Court of 
the United States over the judgment and decrees of said Territorial 
courts, in cases of trial by jury, shall be exercised by writ of error, 
and in all other cases by appeal according to such rules and regula- 
tions as to forms and modes of proceedings as the said Supreme 
Court have prescribed, or may hereafter prescribe: Provided, 

2648 



PROVISIONS CONCERNING PARTICULAR TERRITORIES 

That on appeal, instead of evidence at large, a statement of the 
facts of the case in the nature of a special verdict, and also the rul- 
ings of the court on the admission or rejection of evidence when 
excepted to, shall be made and certified by the court below, and 
transmitted to the Supreme Court together with the transcript of 
the proceedings and judgment or decree; but no appellate pro- 
ceedings in said Supreme Court, heretofore taken upon any such 
judgment or decree, shall be invalidated by reason of being insti- 
tuted by writ of error or by appeal: And provided, further, That 
the appellate court may make any order in any case heretofore 
appealed, which may be necessary to save the rights of the parties; 
and that this Act shall not apply to cases now pending in the Su- 
preme Court of the United States where the record has already 
been filed. [Act April 7, 1874.] 

Sec. 1910. Each of the District Courts in the Territories mentioned 
in the preceding section shall have and exercise the same jurisdiction, in 
all cases arising under the Constitution and laws of the United States, as 
is vested in the Circuit and District Courts of the United States ; and the 
first six days of every term of the respective District Courts, or so much 
thereof as is necessary, shall be appropriated to the trial of causes 
arising under such Constitution and laws; but writs of error and appeals 
in all such cases may be had to the Supreme Court of each Territory, as 
in other cases. 

Sec. 1914. The Judges of the Supreme Courts of the Territories of 
Idaho and Montana, or a majority of them, shall, when assembled at 
their respective seats of government, define the judicial districts of each 
of such Territories, and assign the Judges who may be appointed for 
each of such Territories to the several districts; and shall also fix the 
times and places for holding courts in the several counties or subdivisions 
in each of such judicial districts, and alter the times and places of hold- 
ing the courts, as to them may seem proper and convenient; but not less 
than two terms a year shall be held at each place of holding court in 
the Territory of Montana. 

Sec. 1923. In each of the Territories of Washington, Idaho, and Mon- 
tana, the Governor shall have power to call the Legislative Assembly to- 
gether by proclamation, on an extraordinary occasion at any time. 

Hereafter no extraordinary session of the Legislature of any 
Territory, whenever the same is now authorized by law, shall be 
called, until the reasons for the same have been presented to the 
President of the United States, and his approval thereof has been 
duly given. [Act June 22, 1874.] 

Sec. 1927. Justices of the peace in the Territories of Colorado, 
Washington, Idaho, Montana and Arizona, shall not have jurisdiction 
of any matter in controversy where the debt or sum claimed, exceeds 
three hundred dollars. [Act January 19, 1883.] 

Sec. 1935. There shall be appropriated annually, one thousand dol- 
lars, to be expended by the respective governors, to defray the contin- 
gent expenses of New Mexico, Utah, Colorado, Dakota, Arizona, Idaho, 
Montana and Wyoming, including the salary of the clerk in the execu- 
tive departments of those Territories. 

Sec. 1940. There shall be appropriated, respectively, for the Terri- 
tories of Washington, Idaho and Montana, annually, a sufficient sum, to 
be expended by the Secretary of each Territory herein named upon an 

2649 



REVISED STATUTES OF THE UNITED STATES 

estimate to be made by the Secretary of the Treasury, to defray the ex- 
penses of the Legislative Assembly, and other incidental expenses. The 
Governor and Secretary of each Territory above specified shall, in the 
disbursement of all moneys intrusted to them, be governed solely by the 
instructions of the Secretary of the Treasury, and shall semi-annually 
account to such Secretary for the manner in which such sums of money 
have been expended. 

Sec. 1941. No payment of salary shall be made to the Governor, 
Secretary, Chief Justice, and Associate Justices of Washington, Idaho, 
and Montana Territories until such officers have entered upon the duties 
of their respective appointments. 

Sec. 1943. The members of the Legislative Assembly of Idaho and 
Montana Territories shall each receive four dollars for every twenty 
miles' travel in going to and returning from the sessions of their re- 
spective bodies, estimated according to the nearest usually traveled 
route. 

Sec. 1945. The seat of government, when once fixed by the Governor 
and Legislative Assembly of Idaho and Montana, respectively, shall not 
be at any time changed, except by an Act of such Assembly, for each 
Territory, respectively, duly passed and approved, after due notice, at 
the first general election thereafter, by a majority of the legal votes cast 
on that question. 

Sec. 1946. Sections numbered sixteen and thirty-six, in each town- 
ship of the Territories of New Mexico, Utah, Colorado, Dakota, Arizona, 
Idaho, Montana and Wyoming shall be reserved for the purpose of being 
applied to schools in the several Territories herein named, and in the 
States and Territories hereafter to be erected out of the same. 

Sec. 1949. The existing agencies and superintendencies of the In- 
dians inhabiting the Territories of Idaho and Montana shall be continued 
with the same powers and duties now prescribed by law, except that the 
President may, at his discretion, change the location of the office of 
such agents or superintendents. 

Sec. 1951. All officers to be appointed by the President, by and with 
the advice and consent of the Senate, for the Territories of Washington, 
Idaho and Montana, who by virtue of the provisions of any law now ex- 
isting, or which may be enacted by Congress, are required to give secur- 
ity for moneys that may be entrusted to them for disbursement, shall 
give security at such time and in such manner as the Secretary of the 
Treasury may prescribe. 



ACTS OF CONGRESS AFFECTING TERRITORY OF IDAHO. 



Oct. 20, 1818. Convention with Great 
Britain regarding - territory claimed by 
United States and Great Britain on north- 
west coast. 8 Stat. L. 248, art. 3. 

Oct. 24, 1820. Spain ceded all rights 
in northwest country. 8 Stat. L. 252. 

Apr. 27, 1846. Resolution concerning 
Oregon Territory. 9 Stat. L. 109. 

June 15, 1846. Treaty with Great Brit- 
ain in regard to limits west of Rocky 
mountains. 9 Stat. L. 869. 

Aug. 14, 1848. To establish the Terri- 
torial Government of Oregon. 9 Stat. L. 
323, c. 177. 

Mar. 2, 1853. To establish the Territor- 
ial Government of Washington. 10 Stat. 
L. 172, c. 90. 

Feb. 14, 1859. Admission of Oregon into 
Union. 11 Stat. L. 383, c. 33. See § 5, 



incorporating residue of Territory of Ore- 
gon into Territory of Washington. 

Mar. 3, 1863. To provide a temporary 
government for Territory of Idaho (Or- 
ganic Act). 12 Stat. L. 808, c. 117. 

May 26, 1864. To provide a temporary 
government for Territory of Montana. 13 
Stat. L. 85, c. 95. 

May 26, 1864. Part of Idaho Territory 
temporarily transferred to Dakota. 13 Stat. 
L. 85, c. 95, § 18. 

May 26, 1864. Before whom oath of 
judges may be taken. 13 Stat. L. 90, c. 95. 

June 20, 1864. Organic Act amended. 
13 Stat. L. 142, c. 141. 

June 25, 1864. Appropriations for gov- 
ernment. 13 Stat. L. 157, c. 147. 

June 25, 1864. Appropriations for In- 
dian service. 13 Stat. L. 180, c. 148. 



2650 



ACTS AFFECTING TERRITORY OF IDAHO 



June 30, 1864. Post roads established. 
13 Stat. L. 321, c. 175. 

July 2, 1864. Appropriations for survey 
of public lands. 13 Stat. L. 349, 350, c. 
210. 

July 2, 1864. Idaho and Nevada to 
constitute part of surveyor general's dis- 
trict of Colorado. 13 Stat. L. 353, c. 210. 

July 2, 1864. Erection of telegraph line 
in territory. 13 Stat. L. 374, c. 220. 

Mar. 2, 1865. Appropriations for gov- 
ernment. 13 Stat. L. 457. c. 73. 

Mar. 3, 1865. Providing for construc- 
tion of wagon roads. 13 Stat. L. 516, c. 
99. 

Mar. 3, 1865. Post roads established. 

13 Stat. L. 522, 525, c. 104. 

Mar. 3, 1865. Appropriations for In- 
dian service. 13 Stat. L. 559, c. 127. 

Apr. 7, 1866. Appropriations to pay for 
census. 14 Stat. L. 22, c. 28. 

June 27, 1866. Idaho land district es- 
tablished and office located at Boise City. 

14 Stat. L. 77, c. 144. 

July 23, 1866. Appropriations for gov- 
ernment. 14 Stat. L. 204, c. 208. 

July 26, 1866. Appropriations for In- 
dian service. 14 Stat. L. 279, c. 266. 

July 26, 1866. Establishing post roads. 
14 Stat. L. 288, c. 267. 

Jan. 22, 1867. Net proceeds of internal 
revenue for three years to be applied for 
erection of penitentiary. 14 Stat. L. 377, 
c. 9. 

Mar. 2, 1867. Salary of Justices. 14 
Stat. L. 426, c. 150. 

Mar. 2, 1867. Amending Organic Act. 

14 Stat. L. 427, c. 151. 

Mar. 2, 1867. Appropriations for gov- 
ernment. 14 Stat. L. 455, c. 166. 

Mar. 2, 1867. Appropriation for survey 
of boundary line between Oregon and Ida- 
ho. 14 Stat. L. 466, c. 167. 

Feb. 18, 1867. Resolution by Senate and 
House, accepting steam screw sloop of war 
"Idaho." 14 Stat. L. 640. 

Mar. 30, 1868. Post roads established. 

15 Stat. L. 46, c. 35. 

July 20, 1868. Appropriations for of- 
fice of surveyor general. 15 Stat. L. 101, 
c. 176. 

July 20, 1868. Appropriations for gov- 
ernment. 15 Stat. L. 109, c. 176. 

July 20, 1868. Appropriations for of- 
fice of surveyor general. 15 Stat. L. 115, 
c. 177. 

July 20, 1868. Appropriations for sur- 
veys of public land. 15 Stat. L. 116, 
c. 177. 

Julv 25, 1868. Creating territory of 
Wyoming. 15 Stat. L. 178, c. 235. 

July 25, 1868. Post roads established. 
15 Stat. L. 188, c. 244. 

July 27, 1868. Appropriations for In- 
dian service. 15 Stat. L. 220, 222, c. 248. 

Feb. 19, 186 9. U. S. assay office estab- 
lished at Boise City. 15 Stat. L. 270, c. 33. 

Mar. 1., 1869. Authorizing county com- 
missioners of Ada county to select site for 
territorial prison. 15 Stat. L. 282, c. 55. 

Mar. 3, 1869. Appropriations for office 
of surveyor general. 15 Stat. L. 2 92, c. 
121. 

Mar. 3, 1869. Sessions of legislative 
assemblies to be biennial and appropria- 
tions for government. 15 Stat. L. 300, c. 
121. 

Mar. 3, 1869. Appropriations for office 



of surveyor general. 15 Stat. L. 306, c. 
122. 

Mar. 3, 1869. Appropriations for survey 
of public land. 15 Stat. Lr. 308, c. 122. 

Mar. 3, 1869. Appropriations for gov- 
ernment. 15 Stat. L. 313, c. 123. 

Mar. 3, 1869. Post roads established. 

15 Stat. L. 333, c. 131. 

Mar. 3, 1869. Regulating elections of 
delegates to Congress. 15 Stat. L. 339, 
c. 147. 

Apr. 10, 1869. Appropriations for sal- 
aries of judges. 16 Stat. L. 12, c. 15. 

Apr. 10, 1869. Appropriations for In- 
dian service. 16 Stat. L. 36, c. 16. 

Apr. 20, 1870. Appropriation for mem- 
bers of legislature. 16 Stat. L. 88, 89, 
c. 56. 

June 17, 1870. Salaries of chief justice 
and associates fixed at $3000 per annum. 

16 Stat. L. 152, c. 130. 

July 12, 1870. Appropriation for sal- 
aries of officials. 16 Stat. L*. 242, c. 251. 

July 12, 1870. Appropriation for sur- 
veyor general. 16 Stat. L. 245, c. 251. 

July 14, 1870. Post roads established. 
16 Stat. L,. 281, c. 273. 

July 15, 1870. Appropriation for sur- 
veyor general. 16 Stat. L. 293, c. 292. 

July 15, 1870. Appropriations for sur- 
veys of public lands. 16 Stat. L. 304, c. 
292. 

July 15, 1870. Appropriation for law 
library. 16 Stat. L. 306, c. 292. 

July 15, 1870. Appropriation for legis- 
lative expense. 16 Stat. L. 313, c. 293. 

July 15, 1870. Appropriation for In- 
dian service. 16 Stat. L. 357, c. 296. 

July 15, 1870. Disapproving and annul- 
ling acts of legislative assembly respecting 
(1) tax upon Chinamen, (2) creating office 
of district attorney, and (3) giving extra 
pay to officers holding commissions by 
federal appointment. 16 Stat. Lr. 366, c. 
305. 

Dec. 13, 1870. Giving probate courts 
jurisdiction in certain civil and criminal 
cases, but not in land, chancery or divorce; 
appeals, etc. 16 Stat. L. 395, c. 1. 

Feb. 28, 1871. Post roads established. 
16 Stat. L. 469, c. 101. 

Mar. 3, 1871. Appropriation for assay 
office at Boise and for salaries of officials. 

16 Stat. L. 486, c. 113. 

Mar. 3, 1871. Appropriation for sur- 
veyor general. 16 Stat. L. 489, c. 113. 

Mar. 3, 1871. Appropriation for office 
of Secretary of Territory, and to pay for 
printing. 16 Stat. L. 498, c. 114. 

Mar. 3, 1871. Appropriation for office 
of surveyor general. 16 Stat. L. 499, c. 
114. 

Mar. 3, 1871. Appropriation for mark- 
ing boundary line between Utah and Idaho, 
and surveying public lands. 16 Stat. L. 
502, c. 114. 

Mar. 3, 1871. Appropriation for law 
library. 16 Stat. L. 518, c. 115. 

Mar. 3, 1871. Appropriation for Indian 
service. 16 Stat. L. 567, c. 120. 

Apr. 20, 1871. Appropriation for survey 
of boundary line. 17 Stat. L. 9, c. 21. 

Jan. 16, 1872. Post roads established. 

17 Stat. L. 25, c. 6. 

May 8 ,1872. Appropriations for offi- 
cials. 17 Stat. L. 73, 74, c. 140. 

May 8, 1872. Appropriations for sur- 
veyor general. 17 Stat. L. 77, c. 140. 



2651 



REVISED STATUTES OF THE UNITED STATES 



May 9, 1S72. Regulating elections. 17 
Stat. L. 90, c. 147. 

.May 14, 1872. Post roads established. 

17 Stat. L. 104, c. 159. 

May 2 9, 1872. Appropriations for Indian 
service. 17 Stat. L. 187, c. 233. 

June 1, 1872. Corporators of the cen- 
tennial board of finance. 17 Stat. L. 204, 
c. 1259. 

June 10, 1872. Appropriations for sur- 
veyor general and for surveying public 
lands. 17 Stat. L. 356, 357, c. 415. 

Jan. 24, 1873. Control of penitentiary 
transferred to territory. 17 Stat. L. 418, 
419, c. 63. 

Feb. 14, 1873. Appropriatioins for In- 
dian service. 17 Stat. L. 460, c. 138. 

Mar. 3, 1873. Appropriations for offi- 
cials. 17 Stat. L. 499, c. 226. 

Mar. 3, 1873. Appropriations for sur- 
veyor general. 17 Stat. L. 505, c. 226. 

Mar. 3, 1873. Appropriations for sur- 
veyor general, for surveying public lands, 
and for survey of boundary between Wash- 
ington and Idaho. 17 Stat. L. 515, 516, 
517, c. 227. 

Mar. 3, 1873. Appropriations for sur- 
veying public lands. 17 Stat. L. 537, c. 
228. 

Mar. 3, 1873. Regarding Nez Perce 
reservation. 17 Stat. L. 627, c. 22 4. 

June 20, 1874. Appropriations for sal- 
aries of officers. 18 Stat. L. Sess. 1, 99, 
c. 328. 

June 20, 1874. Appropriations for sur- 
veyor general. 18 Stat. L. Sess. 1, 106, 
c. 328. 

June 20, 1874. Penitentiary under con- 
trol of U. S. marshal. 18 Stat. L. Sess. 1, 
112, c. 332. 

June 22, 1874. Appropriation for in- 
creased salary for governor and secretary, 
and for legislative expense. 18 Stat. D. 
Sess. 1, 135, 136, c. 388. 

June 22, 1874. Appropriations for In- 
dian agents and interpreters. 18 Stat. L. 
Sess. 1, 146, 147, c. 389. 

June 22, 1874. Appropriations for In- 
dian service. 18 Stat. L. Sess. 1, 171, c. 
389. 

June 23, 1874. Appropriations for sur- 
veyor general and for surveying public 
lands. 18 Stat. L. Sess. 1, 211, 212, c. 455. 

June 23, 1874. Post roads established. 

18 Stat. L. Sess. 1, 258, c. 470. 

Mar. 3, 1875. Appropriations for sal- 
aries of officers. 18 Stat. L. Sess. 2, 357, 
c. 129. 

Mar. 3, 1875. Appropriation for sur- 
veyor general. 18 Stat. L. Sess. 2, 366, 
c. 129. 

Mar. 3, 1875. Appropriations for sur- 
veyor general and for surveying public 
lands. 18 Stat. L. Sess. 2, 382, 383, c. 130. 

Mar. 3, 1875. Appropriation for print- 
ing. 18 Stat. L. Sess. 2, 406, c. 131. 

Mar. 3, 1875. Appropriations for In- 
dian agents and interpreters. 18 Stat. L. 
Sess. 2, 421, 422, c. 132. 

Mar. 3, 1875. Appropriations to assist 
roving bands of Indians in southeastern 
Idaho. 18 Stat. L. Sess. 2, 440, c. 132. 

Mar. 3, 1875. Appropriations for In- 
dian service. 18 Stat. L. Sess. 2, 445, c. 
132. 

Mar. 3, 1875. Post roads established. 
18 Stat. L. Sess. 2, 488, c. 158. 



Apr. 3, 1876. Post roads established. 
19 Stat. L. 14, c. 42. 

May 1, 1876. Appropriations for de- 
flciency salary. 19 Stat. L. 42, c. 88. 

July 31, 1876. Appropriations for print- 
ing laws. 19 Stat. L. 105, c. 246. 

July 31, 1876. Appropriations for of- 
fice of surveyor general. 19 Stat. L. 122, 
c. 247. 

Aug. 15, 1876. Appropriations for sal- 
aries of officers. 19 Stat. L. 158, c. 287. 

Aug. 15, 1876. Appropriations for office 
of surveyor general. 19 Stat. L. 165, c. 287. 

Aug. 15, 1876. Appropriations for In- 
dian agents and interpreters. 19 Stat. L*. 
176, 177, c. 289. 

Aug. 15, 1876. Appropriations for In- 
dian service. 19 Stat. L. 198, c. 289. 

Mar. 3, 1877. Appropriation for In- 
dian agents and interpreters. 19 Stat. L. 
271, 272, c. 101. 

Mar. 3, 1877. Appropriations for In- 
dian service. 19 Stat. L. 292, c. 101. 

Mar. 3, 18 77. Appropriations for sal- 
aries of officers. 19 Stat. L. 309, c. 102. 

Mar. 3, 1877. Appropriations for office 
of surveyor general. 19 Stat. L. 315, c. 
102. 

Mar. 3, 1877. Post roads established. 
19 Stat. L. 322, c. 103. 

Mar. 3, 1877. Post roads established. 

19 Stat. L. 338, c. 10 3. 

Mar. 3, 1877. Appropriations for office 
of surveyor general. 19 Stat. L. 349, c. 105. 

Mar. 3, 1877. Appropriations for sur- 
vey of Indian reservation. 19 Stat. L. 368, 
c. 106. 

Mar. 3, 1877. Desert lands may be en- 
tered for reclamation. 19 Stat. L. 377, c. 
107. 

Jan. 14, 1878. Post roads established. 

20 Stat. L. Sess. 1, 21, c. 7. 

May 2 7, 1878. Appropriations for ex- 
penses of Indian service. 20 Stat. L. Sess. 
1, 85, c. 142. 

June 3, 1878. Authorizing citizens to 
remove timber from public domain. 20 
Stat. L. Sess. 1, 88, 89, c. 150. 

June 14, 1878. Appropriation to pay 
Milton Kelly for printing laws. 20 Stat. 
L. Sess. 1, 117, c. 191. 

June 19, 1878. Constitution of legisla- 
ture of number, pay, districts, etc. 20 
Stat. L. Sess. 1, c. 329. 

June 19, 1878. Appropriations for sal- 
aries of officials. 20 Stat. L. Sess. 1, 194, 
c. 329. 

June 19, 1878. Appropriations for office 
of surveyor general. 20 Stat. L. Sess. 1, 
201, c. 329. 

June 20, 1878. Appropriations for office 
of surveyor general. 20 Stat. L. Sess. 1, 
228, c. 359. 

June 20, 1878. Utah and Northern Rail- 
way company created a corporation. 20 
Stat. L. Sess. 1, 242, c. 362. 

Mar. 9, 1879. Joint resolution provid- 
ing for issuing arms and ammunition to. 
20 Stat. L. Sess. 1, 248. 

Feb. 4, 1879. Oneida land district es- 
tablished. 20 Stat. L. Sess. 2, 282, c. 48. 

Feb. 17, 1879. Appropriation for In- 
dian service. 20 Stat. L. Sess. 2, 313, 314, 
c. 87. 

Mar. 3, 1879. Appropriations for office 
of surveyor general. 20 Stat. L. Sess. 2, 
393, c. 182. 



2652 



ACTS AFFECTING TERRITORY OF IDAHO 



Mar. 3, 1879. Appropriations for de- 
ficiency expenses of government. 20 Stat. 
L. Sess. 2, 412, c. 183. 

Mar. 3, 1879. Post roads established. 

20 Stat. L. Sess. 2, 435, c. 184. 

June 18, 1879. Post routes established. 

21 Stat. L. Sess. 1, 21, c. 27. 

June 21, 1879. Appropriation for gov- 
ernment expenses. 21 Stat. L. Sess. 1, 24, 
c. 34. 

June 21, 1879. Appropriation for assay 
office, Boise City. 21 Stat. L. Sess. 1, 27, 
c. 34. 

May 3, 1880. Post roads established. 
21 Stat. L. Sess. 2, 94, c. 74. 

May 11, 1880. Appropriation for ex- 
penses of Indian service. 21 Stat. L#. Sess. 

2, 130, c. 85. 

June 3, 1880. Reapportionment of mem- 
bers of legislature. 21 Stat. L. Sess. 2, 
154, c. 119. 

June 8, 1880. For improvement of Mul- 
lan wagon road. 21 Stat. L. Sess. 2, 
166, c. 135. 

June 15, 1880. Establishment of post 
roads. 21 Stat. L. Sess. 2, 206, c. 224. 

June 15, 1880. Appropriation for sal- 
aries of officers. 21 Stat. L. Sess. 2, 225, 
c. 225. 

June 15, 1880. Appropriation for sur- 
veyor general. 21 Stat. L. Sess. 2, 234, 
c. 225. 

June 16, 1880. Appropriation-deficiency 
to pay U. S. marshal. 21 Stat. L. Sess. 2, 

250, c. 234. 

June 16, 1880. Appropriation for con- 
tingent expenses of territory. 21 Stat. L. 
Sess. 2, 253, c. 234. 

Feb. 18, 1881. Lands granted for uni- 
versity purposes. 21 Stat. L. Sess. 3, 326, 
c. 61. 

Feb. 28, 1881. Post routes established. 
21 Stat. L. Sess. 3, 358, c. 90. 

Mar. 3, 1881. Appropriations for sal- 
aries of officials and expenses. 21 Stat. L. 
Sess. 3, 400, c. 130. 

Mar. 3, 1881. Appropriation for legis- 
lative expense. 21 Stat. L. Sess. 3, 416, 
c. 132. 

Mar. 3, 1881. Appropriation for office 
of surveyor general. 21 Stat. L. Sess. 3, 
450, c. 133. 

Mar. 3, 1881. Assisting southeastern In- 
dians to locate on Fort Hall reservation. 

21 Stat. L. Sess. 3, 499, c. 137. 

Mar. 3, 1881. Appropriation for ex- 
penses of Indian service. 21 Stat. L. Sess. 

3, 500, c. 137. 

Mar. 6, 1882. Post routes established. 

22 Stat. L. Sess. 1, 16, c. 27 . 

May 17, 1882. Appropriation for ex- 
penses of Indian service. 22 Stat. L. Sess. 
1, 84, c. 163. 

June 27, 1882. Investigation of claims 
for suppression of Indian hostilities au- 
thorized. 22 Stat. L. Sess. 1, 111, c. 241. 

Aug. 5, 1882. Appropriation for salary 
of officials. 22 Stat. L. Sess. 1, 236, c. 389. 

Aug. 5, 1882. Appropriation for office 
of surveyor general. 22 Stat. L. Sess. 1, 

251, c. 389. 

Aug. 5, 1882. Appropriation for ex- 
penses of Indian service. 22 Stat. L. Sess. 
1, 278, c. 390. 

Aug. 7, 1882. Appropriation for office 
of surveyor general. 22 Stat. L. Sess. 1, 
326, c. 433. 



Aug. 7, 1882. Post routes established. 
22 Stat. L. Sess. 1, 355, c. 448. 

Mar. 1, 1883. Appropriation for ex- 
penses of Indian service. 22 Stat. L. Sess. 
2, 447, c. 61. 

Mar. 3, 1883. Appropriation for ex- 
penses of government. 22 Stat. L. Sess. 2, 
549, c. 128. 

Mar. 3, 1883. Appropriation for salaries 
in office of surveyor general. 22 Stat. L. 
Sess. 2, 559, c. 128. 

July 4, 1884. Appropriations for ex- 
penses of Indian service. 23 Stat. L. 93, 
c. 180. 

July 7, 1884. Appropriations for ex- 
penses of government. 23 Stat. L. 178, 
c. 331. 

July 7, 1884. Appropriation for office 
of surveyor general. 23 Stat. L. 189, c. 
331. 

July 7, 1884. Appropriation for office 
of surveyor general. 23 Stat. L. 209, c. 
332. 

July 7, 188 4. Deficiency appropriation 
for legislative expenses. 23 Stat. L, 255, 
c. 334. 

Mar. 3, 1885. Appropriations for ex- 
penses of Indian service. 23 Stat. L. 379, 
c. 341. 

Mar. 3, 1885. Appropriations for ex- 
penses of government. 23 Stat. L. 409, 
c. 343. 

Mar. 3, 1885. Appropriation for office of 
surveyor general. 23 Stat. L. 421, c. 343. 

May 15, 1886. Appropriations for sup- 
port of Nez Perce Indians. 24 Stat. L. 
Sess. 1, 42, c. 333. 

May 15, 1886. Appropriations for ex- 
penses of Indian service. 24 Stat. L. Sess. 
1, 43, c. 333. 

July 31, 1886. Appropriations for sal- 
aries and legislative expenses. 24 Stat. L. 
Sess. 1, 191, c. 827. 

July 31, 1886. Appropriation for office 
of surveyor general. 2 4 Stat. L. Sess. 1, 
204, c. 827. 

Aug. 4, 1886. Certified copies of certain 
lost papers may be received in place of 
originals. 24 Stat. L. Sess. 1, 217, c. 893. 

Aug. 4, 1886. Appropriation for office 
of surveyor general. 24 Stat. L. Sess. 1, 
290, c. 903. 

Aug. 4, 1886. Appropriation for ex- 
penses of Indian service. 24 Stat. L. Sess. 

1, 292, c. 903. 

Aug. 4, 1886. Appropriation for settle- 
ment of Indians in. 24 Stat. L. Sess. 1, 
295, c. 903. 

Mar. 2, 1887. Appropriation for sup- 
port of Indians, Fort Hall reservation. 24 
Stat. L. Sess. 2, 461, c. 320. 

Mar. 2, 1887. Appropriation for ex- 
penses of Indian service. 24 Stat. L. Sess. 

2, 463, c. 320. 

Mar. 3, 1887. Appropriations for ex- 
penses of government. 24 Stat. L. Sess. 2, 
614, c. 392. 

Mar. 3, 1887. Appropriations for office 
of surveyor general. 24 Stat. L. Sess. 2, 
627, c. 392. 

May 14, 188 8. Latah county organized 
from Nez Perce county. 25 Stat. L. Sess. 
1, 147, c. 251. 

June 29, 1888. Appropriations for ex- 
penses of Indian service. 25 Stat. L. Sess. 
1, 232, c. 503. 

July 11, 1888. Appropriation for sal- 



2653 



REVISED STATUTES OF THE UNITED STATES 



aries of officers, legislative and contingent 
expenses. 25 Stat. L. Sess. 1, 277, c. 615. 

July 11, 1888. Appropriation for office 
of surveyor general. 25 Stat. L. Sess. 1, 
290, c. 615. 

Sept. 1, 1888. Agreement with Shoshone 
and Bannock Indians for cession of part 
of Port Hall reservation ratified. 25 Stat. 
L. Sess. 1, 452, c. 936. 

Feb. 26, 18S9. Appropriations for ex- 
penses of officers, legislative and contingent 
expenses. 25 Stat. L. Sess. 2, 726, c. 279. 

Feb. 26, 1889. Appropriation for office 
of surveyor general. 25 Stat. L. Sess. 2, 
739, c. 279. 



Mar. 2, 1889. Appropriation for defi- 
ciency legislative expenses. 25 Stat. L. 
Sess. 2, 909, c. 410. 

Mar. 2, 1889. Appropriation for ex- 
penses of Indian service. 25 Stat. L. Sess. 
2, 996, c. 412. 

May 15, 1890. Location of county seat 
of Shoshone county submitted to vote of 
people. 26 Stat. L. Sess. 1, 111, c. 211. 

May 16, 1890. Ratifying Territorial act 
providing for wagon road between Mount 
Idaho and Little Salmon meadows. 26 
Stat. L. Sess. 1, 115, c. 217. 

July 3, 1890. Idaho Admission bill. 26 
Stat. L. Sess. 1, 215, c. 656. 






2654 



IDAHO ADMISSION BILL. 

[26 U. S. Stat. L. sess. 1, 215, c. 656.] 



AN ACT 
To Provide for the Admission of the State of Idaho into the Union. 

Whereas, The people of the Territory of Idaho did, on the 4th day 
of July, 1889, by a convention of delegates called and assembled for that 
purpose, form for themselves a Constitution, which Constitution was 
ratified and adopted by the people of said Territory at an election held 
therefor on the first Tuesday in November, 1889, which Constitution is 
republican in form, and is in conformity with the Constitution of the 
United States; and, 

Whereas, Said convention and the people of said Territory have asked 
the admission of said Territory into the Union of States on an equal 
footing with the original states in all respects whatever. Therefore, 

Be it enacted by the Senate and House of Representatives of the United 
States of America, in Congress assembled. That the State of Idaho is 
hereby declared to be a state of the United States of America, and is 
hereby declared admitted into the Union on an equal footing with the 
original States in all respects whatever; and that the Constitution which 
the people of Idaho have formed for themselves be, and the same is 
hereby, accepted, ratified, and confirmed. 

Sec. 2. That the said state shall consist of all the territory de- 
scribed as follows: Beginning at the intersection of the thirty-ninth 
meridian with the boundary line between the United States and the 
British possessions; then following said meridian south until it reaches 
the summit of the Bitter Root Mountains; thence southeastward along 
the crest of the Bitter Root range and the Continental divide until it 
intersects the meridian of thirty-four degrees of longitude; thence 
southward on this meridian to the forty-second parallel of latitude; 
thence west on this parallel of latitude to its intersection with a meri- 
dian drawn through the mouth of the Owyhee River; north on this 
meridian to the mouth of the Owyhee River; thence down the mid- 
channel of the Snake River to the mouth of the Clearwater River; 
and thence- north on the meridian which passes through the mouth of 
the Clearwater to the boundary line between the United States and the 
British possessions, and east on said boundary line to the place of be- 
ginning. 

Sec. 3. That until the next general census, or until otherwise pro- 
vided by law, said State shall be entitled to one Representative in the 
House of Representatives of the United States, and the election of the 
Representative to the Fifty-first Congress and Fifty-second Congress shall 
take place at the time, and be conducted and certified in the same manner 
as is provided in the Constitution of the State for the election of State, 
district, and other officers in the first instance. 

The law of the Territory of Idaho for the registration of voters shall 
apply to the first election of State, district, and other officers held after 
the admission of the State of Idaho. County and precinct officers elected 
at the first election held after the admission of the State of Idaho shall 
assume the duties of their respective offices on the second Monday of 
January, 1891. 

2655 



IDAHO ADMISSION BILL 

Sec. 4. That sections numbered 16 and 36 in every township of said 
State, and where such sections or any parts thereof, have been sold or 
otherwise disposed of by or under the authority of any Act of Congress, 
other lands equivalent thereto, in legal subdivisions of not less than one 
quarter section, and as contiguous as may be to the section in lieu of 
which the same is taken, are hereby granted to said State for the sup- 
port of common schools, such indemnity lands to be selected within said 
State in such manner as the Legislature may provide, with the approval 
of the Secretary of the Interior. 

Sec. 5. That all lands herein granted for educational purposes shall 
be disposed of only at public sale, the proceeds to constitute a perma- 
nent school fund, the interest of which only shall be expended in the 
support of said schools. But said lands may, under such regulations as 
the Legislature shall prescribe, be leased for periods of not more than 
five years, and such lands shall not be subject to preemption, homestead 
entry, or any other entry under the land laws of the United States, 
whether surveyed or unsurveyed, but shall be reserved for school pur- 
poses only. 

Sec. 6. That fifty sections of the unappropriated public lands within 
said State, to be selected and located in legal subdivisions as provided 
in section 4 of this Act, shall be, and are hereby, granted to said State 
for the purpose of erecting public buildings at the Capital of said State 
for legislative, executive, and judicial purposes. 

Sec. 7. That 5 per cent, of the proceeds of the sales of public lands 
lying within said State which shall be sold by the United States subse- 
quent to the admission of said State into the Union, after deducting all 
the expenses incident to the same, shall be paid to the said State, to be 
used as a permanent fund, the interest of which only shall be expended 
for the support of the common schools within said State. 

Sec. 8. That the lands granted to the Territory of Idaho by the Act 
of February 18, 1881, entitled, "An Act to grant lands to Dakota, Mon- 
tana, Arizona, Idaho, and Wyoming, for university purposes," are here- 
by vested in the State of Idaho to the extent of the full quantity of 72 
sections to said State, and any portion of said lands that may not have 
been selected by said Territory of Idaho may be selected by the said 
State; but said Act of February 18, 1881, shall be so amended as to 
provide that none of said lands shall be sold for less than $10 per acre, 
and the proceeds shall constitute a permanent fund to be safely invested 
and held by said State, and the income thereof be used exclusively for 
university purposes. The schools, colleges, and universities provided 
for in this Act, shall forever remain under the exclusive control of said 
State, and no part of the proceeds arising from the sale or disposal of 
any lands herein granted for educational purposes shall be used for the 
support of any sectarian or denominational school, college, or university. 

Sec. 9. That the penitentiary at Boise City, Idaho, and all lands con- 
nected therewith, and set apart and reserved therefor, and unexpended 
appropriations of money therefor, and the personal property of the 
United States now being in the Territory of Idaho which has been in 
use in said Territory in the administration of the Territorial government, 
including books and records and the property used at the Constitutional 
convention which convened at Boise City in the month of July, 1889, 
are hereby granted and donated to the State of Idaho. 

Sec. 10. That 90,000 acres of land, to be selected and located as pro- 
vided in section 4 of this Act, are hereby granted to said State for the 

2656 



IDAHO ADMISSION BILL 

use and support of an agricultural college in said State, as provided in 
the Acts of Congress making donations of lands for such purposes. 

Sec. 11. That in lieu of the grant of land for purposes of internal 
improvement made to the new States by the eighth section of the Act of 
September 4, 1841, which section is hereby repealed as to the State of 
Idaho, and in lieu of any claim or demand by the said State under the 
Act of September 28, 1850, and section 2479 of the Revised Statutes, 
making a grant of swamp and overflowed lands to certain States, which 
grant is hereby declared, is not extended to the State of Idaho, and in 
lieu of any grant of saline lands to said State, the following grants of 
land are hereby made, to-wit : To the State of Idaho : For the estab- 
lishment and maintenance of a scientific school, 100,000 acres, for State 
normal schools, 100,000; for the support and maintenance of the insane 
asylum located at Blackfoot, 50,000 acres; for the support and main- 
tenance of the State university, located at Moscow, 50,000 ; for the sup- 
port and maintenance of the penitentiary, located at Boise City, 50,000 
acres; for other State, charitable, educational, penal and reformatory 
institutions, 150,000 acres. None of the lands granted by this Act shall 
be sold for less than $10 an acre. 

Sec. 12. That the State of Idaho shall not be entitled to any further 
or other grants of land for any purpose than as expressly provided in 
this Act. And the lands granted by this section shall be held, appro- 
priated and disposed of exclusively for the purpose herein mentioned, 
in such manner as the Legislature of the State may provide. 

Sec. 13. That all mineral lands shall be exempted from the grants 
by this Act. But if sections 16 and 36, or any subdivision, or portion 
of any smallest subdivision, thereof, in any township, shall be found by 
the Department of the Interior to be mineral lands, said State is hereby 
authorized and empowered to select, in legal subdivisions, an equal 
quantity of other unappropriated lands in said State, in lieu thereof, for 
the use and benefit of the common schools of said State. 

Sec. 14. That all lands granted in quantity or as indemnity by this 
Act shall be selected, under the direction of the Secretary of the Interior 
from the surveyed unreserved, and unappropriated public lands of the 
United States, within the limits of the State entitled thereto. And there 
shall be deducted from the number of acres of land donated by this Act 
for the specific objects to said State the number of acres heretofore 
donated by Congress to said Territory for similar objects. 

Sec. 15. That the sum of $28,000, or so much thereof as may be 
necessary, is hereby appropriated, out of any money in the Treasury not 
otherwise appropriated, for defraying the expenses of said convention, 
and for the payment of the members thereof, under the same rules and 
regulations and at the same rates as are now provided by law for the 
payment of the Territorial Legislatures, and for elections held therefor 
and thereunder. Any money hereby appropriated not necessary for 
such purposes shall be covered into the Treasury of the United States. 

Sec. 16. That the said State shall constitute a judicial district, the 
name thereof to be the same as the name of the State and the Circuit and 
District Courts therefor shall be held at the Capital of the State for 
the time being, and the said district shall, for judicial purposes, until 
otherwise provided, be attached to the Ninth Judicial Circuit. There 
shall be appointed for said district one District Judge, one United States 
Attorney and one United States Marshal. The judge of said district 
shall receive a yearly salary of $3500, payable in four equal instalments, 
on the first days of January, April, July and October of each year, and 

2657 



IDAHO ADMISSION BILL 

shall reside in the district. There shall be appointed clerks of said 
courts in the said district, who shall keep their offices at the Capital of 
said State. The regular terms of said courts shall be held in said dis- 
trict, at the place aforesaid, on the first Monday in April and the first 
Monday in November of each year, and only one grand jury and one 
petit jury shall be summoned in both Circuit and District Courts. The 
Circuit and District Courts for said district, and the Judges thereof re- 
spectively, shall possess the same powers and jurisdiction, and perform 
the same duties required to be performed by the other Circuit and Dis- 
trict Courts and Judges of the United States, and shall be governed by 
the same laws and regulations. The Marshal, District Attorney, and the 
clerks of the Circuit and District Courts of said district, and all other 
officers and persons performing duties in the administration of justice 
therein, shall severally possess the powers and perform the duties law- 
fully possessed and required to be performed by similar officers in other 
districts of the United States, and shall, for the services they may per- 
form, receive the fees and compensation allowed by law to other simi- 
lar officers and persons performing similar duties in the State of Oregon. 

Sec. 17. That all cases of appeal or writ of error heretofore prosecut- 
ed and now pending in the Supreme Court of the United States upon any 
record from the Supreme Court of said Territory, or that may hereafter 
lawfully be prosecuted upon any record from said Court, may be heard 
and determined by said Supreme Court of the United States; and the 
mandate of execution or for further proceedings shall be directed by the 
Supreme Court of the United States to the Circuit or District Court here- 
by established within the said State from or to the Supreme Court of 
such State, as the nature of the case may require. And the Circuit, 
District and State Courts herein named shall, respectively, be the suc- 
cessors of the Supreme Court of the Territory, as to all such cases aris- 
ing within the limits embraced within the jurisdiction of such courts, 
respectively, with full power to proceed with the same, and award mesne 
or final process therein; and that from all judgments and decrees of the 
Supreme Court of the Territory mentioned in this Act, in any case aris- 
ing within the limits of the proposed State prior to the admission, the 
parties to such judgment shall have the same right to prosecute appeals 
and writs of error to the Supreme Court of the United States as they 
shall have had by law prior to the admission of said State into the Union. 

Sec. 18. That in respect to all cases, proceedings, and matters now 
pending in the Supreme or District Courts of said Territory at the time 
of the admission into the Union of the State of Idaho, and arising within 
the limits of such State, whereof the Circuit or District Courts by this 
Act established might have had jurisdiction under the laws of the United 
States had such Courts existed at the time of the commencement of such 
cases, the said Circuit and District Courts, respectively, shall be the suc- 
cessors of said Supreme and District Courts of said Territory; and in 
respect to all other cases, proceedings, and matters pending in the Su- 
preme or District Courts of said Territory at the time of the admission 
of such Territory into the Union, arising within the limits of said State, 
the Courts established by such State shall, respectively, be the successors 
of said Supreme and District Territorial Courts; and all the files, rec- 
ords, indictments, and proceedings, relating to any such cases shall be 
transferred to such Circuit, District and State Courts, respectively, and 
the same shall be proceeded with therein in due course of law; but no 
writ, action, indictment, cause, or proceeding now pending, or that prior 
to the admission of the State shall be pending, in any Territorial Court 

2658 



IDAHO ADMISSION BILL 

in said Territory, shall abate by the admission of such State into the 
Union, but the same shall be transferred and proceeded with in the 
proper United States Circuit, District, or State Court, as the case may 
be: Provided, however, That in all civil actions, causes and proceedings 
in which the United States is not a party, transfers shall not be made to 
the Circuit and District Courts of the United States, except upon written 
request of one of the parties to such action or proceeding filed in the 
proper court; and, in the absence of such request, such cases shall be 
proceeded with in the proper State courts. 

Sec. 19. That from and after the admission of said State into the 
Union, in pursuance of this Act, the laws of the United States not locally 
inapplicable shall have the same force and effect within the said State 
as elsewhere within the United States. 

Sec. 20. That the Legislature of the said State may elect two Sena- 
tors of the United States as is provided by the Constitution of said State, 
and the Senators and Representatives of said State shall be entitled to 
seats in Congress, and to all the rights and privileges of Senators and 
Representatives of other States in the Congress of the United States. 

Sec. 21. That, until the State officers are elected and qualified under 
the provisions of the Constitution of said State, the officers of the Terri- 
tory of Idaho shall discharge the duties of their respective offices under 
the Constitution of the State, in the manner and form as therein pro- 
vided ; and all laws in force, made by said Territory, at the time of its 
admission in to the Union, shall be in force in said State, except as mod- 
ified or changed by this Act or by the Constitution of the State. 

Sec. 22. That all Acts or parts of Acts in conflict with the provisions 
of this Act, whether passed by the Legislature of said Territory or by 
Congress, are hereby repealed. 

Approved July 3, 1890. 



2659 



UNITED STATES REVISED STATUTES RELATIVE 
TO AUTHENTICATION OF RECORDS. 



Sec. 905. The Acts of the Legislature of any State or Territory, or of 
any country subject to the jurisdiction of the United States, shall be 
authenticated by having the seals of such State, Territory or country 
affixed thereto. The records and judicial proceedings of the courts of 
any State or Territory, or of any country, shall be proved or admitted 
in any other court within the United States, by the attestation of the 
clerk, and the seal of the court annexed, if there be a seal, together 
with a certificate of the judge, Chief Justice, or presiding magistrate, 
that the said attestation is in due form. And the said record and judic- 
ial proceedings, so authenticated, shall have such faith and credit given 
to them in every court within the United States as they have by law or 
usage in the courts of the State from which they were taken. 

Sec. 906. All records and exemplifications of books, which may be 
kept in any public office of any State or Territory, or of any country sub- 
ject to the jurisdiction of the United States, not appertaining to a court, 
shall be proved or admitted in any court or office in any other State or 
Territory, or in any such country, by the attestation of the keeper of the 
said record or books, and the seal of his office annexed, if there be a seal, 
together with a certificate of the presiding justice of the court of the 
county, parish, or district in which such office may be kept, or of the 
Governor or Secretary of State, the Chancellor or keeper of the great 
seal, of the State, or Territory, or country, that the said attestation is in 
due form, and by the proper officers. If the said certificate is given by 
the presiding justice of a court, it shall be further authenticated by the 
clerk or prothonotary of the said court, who shall certify, under his hand 
and the seal of his office, that the said presiding justice is duly commis- 
sioned and qualified ; or, if given by such Governor, Secretary, Chancel- 
lor or keeper of the great seal, it shall be under the great seal of the 
State, Territory, or country aforesaid in which it is made. And the said 
records and exemplifications, so authenticated, shall have such faith and 
credit given to them in every court and office within the United States, 
as they have by law and usage in the courts or offices of the State, Ter- 
ritory, or country, as aforesaid, from which they are taken. 

Sec. 907. It shall be lawful for any keeper or person having the 
custody of laws, judgments., orders, decrees, journals, correspondence, or 
other public documents of any foreign government or its agents, relating 
to the title to lands claimed by or under the United States on the applica- 
tion of the head of one of the departments, the Solicitor of the Treasury, 
or the Commissioner of the General Land Office, to authenticate copies 
thereof under his hand and seal, and to certify them to be correct and 
true copies of such laws, judgments, orders, decrees, journals, corres- 
pondence, or other public documents, respectively, and when such cop- 
ies are certified by an American Minister or Consul, under his hand and 
seal of office, to be true copies of the originals, they shall be sealed up 
by him and returned to the Solicitor of the Treasury, who shall file them 
in his office, and cause them to be recorded in a book to be kept for that 
purpose. A copy of any such law, judgment, order, decree, journal, 

2660 



AUTHENTICATION OF RECORDS 



correspondence, or other public document, so filed, or of the same so re- 
corded in said book, may be read in evidence in any court, where the title 
to land claimed by or under the United States may come into question, 
equally with the originals. 



2661 



NATURALIZATION LAWS AND REGULATIONS. 

As compiled by the U. S. Department of Labor, Bureau of Naturaliza- 
tion, May 15, 1918. 



NATURALIZATION LAWS. 

Act of June 29, 1906 (34 Stat. L. Part 1, p. 596), as amended in sections 16, 17, and 
19 by the act of Congress approved March 4, 1909 (35 Stat. L. Part 1, p. 1102); in 
section 13 by the act of Congress approved June 25, 1910 (36 Stat. L. Part 1, p. 830); 
by the act of Congress approved March 4, 1913 (37 Stat. L. Part 1, p. 736), creating 
the Department of Labor; and by the act of Congress approved May 9, 1918 (Public, 
No. 144, 65th Cong., 2d sess.). 

AN ACT 

To Provide for a Uniform Rule for the Naturalization of Aliens 
Throughout the United States, and Establishing the Bureau of 
Naturalization. 

(Portion of act creating the Department of Labor.) 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Co?igress assembled, That there is hereby created an 
executive department in the Government to be called the Department of 
Labor, with a Secretary of Labor, who shall be the head thereof, to be 
appointed by the President, by and with the advice and consent of the 
Senate ; 

Sec. 3. That the following-named offices, bureaus, divisions, and 
branches of the public service now and heretofore under the jurisdiction 
of the Department of Commerce and Labor, and all that pertains to the 
same, known as * * * the Bureau of Immigration and Naturaliza- 
tion, * * * the Division of Naturalization, * * * be, and the 
same hereby are, transferred from the Department of Commerce and 
Labor to the Department of Labor, and the same shall hereafter remain 
under the jurisdiction and supervision of the last-named department. 
The Bureau of Immigration and Naturalization is hereby divided into 
two bureaus, to be known hereafter as the Bureau of Immigration and 
the Bureau of Naturalization, and the titles Chief Division of Naturali- 
zation and Assistant Chief shall be Commissioner of Naturalization and 
Deputy Commissioner of Naturalization. The Commissioner of Natu- 
ralization or, in his absence, the Deputy Commissioner of Naturalization 
shall be the administrative officer in charge of the Bureau of Naturali- 
zation and of the adminstration of the naturalization laws under the 
immediate direction of the Secretary of Labor, to whom he shall report 
directly upon all naturalization matters annually and as otherwise re- 
quired, * * *. 

(Act of June 29, 1906, as amended by 
the acts above referred to.) 

That the Bureau of Naturalization, under the direction and control of 
the Secretary of Labor, shall have charge of all matters concerning the 
naturalization of aliens. That it shall be the duty of the Bureau of 
Immigration to provide, for use at the various immigration stations 
throughout the United States, books of record, wherein the commission- 
ers of immigration shall cause a registry to be made in the case of each 
alien arriving in the United States from and after the passage of this act 
of the name, age, occupation, personal description (including height, 

2662 



NATURALIZATION LAWS 

complexion, color of hair and eyes) , the place of birth, the last residence 
the intended place of residence in the United States, and the date of ar- 
rival of said alien, and, if entered through a port, the name of the vessel 
in which he comes. And it shall be the duty of said commissioners of 
immigration to cause to be granted to such alien a certificate of such 
registry, with the particulars thereof. 

See rule 5 of the regulations. 

Sec. 2. [This section is omitted, as it authorized the Secretary of 
Commerce and Labor to provide the necessary offices in the city of 
Washington and take the necessary steps for the proper discharge of 
the duties imposed by the act of June 29, 1906.] 

Sec. 3. That exclusive jurisdiction to naturalize aliens as citizens of 
the United States is hereby conferred upon the following specified 
courts : 

United States circuit and district courts now existing, or which may 
hereafter be established by Congress in any State, United States district 
courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, 
and Alaska, the supreme court of the District of Columbia, and the 
United States courts for the Indian Territory ; also all courts of record 
in any State or Territory now existing, or which may hereafter be cre- 
ated, having a seal, a clerk, and jurisdiction in actions at law or equity, 
or law and equity, in which the amount in controversy is unlimited. 

United States circuit courts abolished United States Territorial courts abolished 

December 31, 1911, by act of Congress by acts of Congress conferring Statehood, 

approved March 3, 1911 (36 Stat. L. part Establishment of United States district 

1, p. 1167.) court for Porto Rico. 

That the naturalization jurisdiction of all courts herein specified — 
State, Territorial and Federal — shall extend only to aliens resident 
within the respective judicial districts of such courts. 

The courts herein specified shall, upon the requisition of the clerks 
of such courts, be furnished from time to time by the Bureau of Natu- 
ralization with such blank forms as may be required in the naturaliza- 
tion of aliens, and all certificates of naturalization shall be consecutively 
numbered and printed on safety paper furnished by said bureau. 

Sec. 4. That an alien may be admitted to become a citizen of the 
United States in the following manner and not otherwise : 

First. He shall declare on oath before the clerk of any court author- 
ized by this act to naturalize aliens, or his authorized deputy, in the 
district in which such alien resides, two years at least prior to his ad- 
mission, and after he has reached the age of eighteen years, that it is 
bona fide his intention to become a citizen of the United States and to 
renounce forever all allegiance and fidelity to any foreign prince, po- 
tentate, state, or sovereignty, and particularly, by name, to the prince, 
potentate, state, or sovereignty of which the alien may at the time be a 
citizen or subject. And such declaration shall set forth the name, age, 
occupation, personal description, place of birth, last foreign residence 
and allegiance, the date of arrival, the name of the vessel, if any, in 
which he came to the United States, and the present place of residence 
in the United States of said alien : Provided, however, That no alien 
who, in conformity with the law in force at the date of his declaration, 
has declared his intention to become a citizen of the United States shall 
be required to renew such declaration. 

Second. Not less than two years nor more than seven years after he 
has made such declaration of intention he shall make and file, in dupli- 
cate, a petition in writing, signed by the applicant in his own handwrit- 

2663 
Vol. Ill— 3 



NATURALIZATION LAWS 

ing and duly verified, in which petition such applicant shall state his 
full name, his place of residence (by street and number, if possible), 
his occupation, and, if possible, the date and place of his birth ; the place 
from which he emigated, and the date and place of his arrival in the 
United States, and, if he entered through a port, the name of the vessel 
on which he arrived ; the time when and the place and name of the court 
where he declared his intention to become a citizen of the United States; 
if he is married he shall state the name of his wife and, if possible, the 
country of her nativity and her place of residence at the time of filing 
his petition; and if he has children, the name, date, and place of birth 
and place of residence of each child living at the time of the filing of 
his petition: Provided, That if he has filed his declaration before the 
passage of this act he shall not be required to sign the petition in his 
own handwriting. 

The petition shall set forth that he is not a disbeliever in or opposed 
to organized government, or a member of or affiliated with any organ- 
ization or body of persons teaching disbelief in or opposed to organized gov- 
ernment, a polygamist or believer in the practice of polygamy, and that 
it is his intention to become a citizen of the United States and to re- 
nounce absolutely and forever all allegiance and fidelity to any foreign 
prince, potentate, state, or sovereignty, and particularly by name to the 
prince, potentate, state, or sovereignty of which he at the time of filing of 
his petition may be a citizen or subject, and that it is his intention to 
reside permanently within the United States, and whether or not he has 
been denied admission as a citizen of the United States, and, if denied, 
the ground or grounds of such denial, the court or courts in which such 
decision was rendered and that the cause for such denial has since been 
cured or removed, and every fact material to his naturalization and re- 
quired to be proved upon the final hearing of his application. 

The petition shall also be verified by the affidavits of at least two 
credible witnesses, who are citizens of the United States, and who shall 
state in their affidavits that they have personally known the applicant 
to be a resident of the United States for a period of at least five years 
continuously, and of the State, Territory, or the District of Columbia, 
in which the application is made for a period of at least one year im- 
mediately preceding the date of the filing of his petition, and that they 
each have personal knowledge that the petitioner is a person of good 
moral character, and that he is in every way qualified, in their opinion, 
to be admitted as a citizen of the United States. 

The word "District" amended by the 
act of May 9, 1918, to read "the District 
of Columbia." 

At the time of filing his petition there shall be filed with the clerk of 
the court a certificate from the Department of Labor, if the petitioner 
arrives in the United States after the passage of this act, stating the date, 
place, and manner of his arrival in the United States, and the declara- 
tion of intention of such petitioner, which certificate and declaration 
shall be attached to and made a part of said petition. 

Se<- rule "». 

Third. He shall, before he is admitted to citizenship, declare on oath 
in open court that he will support the Constitution of the United States, 
and that he absolutely and entirely renounces and adjures all allegiance 
and fidelity to any foreign prince, potentate, state, or sovereignty and 
particularly by name to the prince, potentate, state, or sovereignty of 
which he was before a citizen or subject; that he will support and de- 

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NATURALIZATION LAWS 

fend the Constitution and laws of the United States against all enemies, 
foreign and domestic, and bear true faith and allegiance to the same. 

Fourth. It shall be made to appear to the satisfaction of the court 
admitting any alien to citizenship that immediately preceding the date 
of his application he has resided continuously within the United States 
five years at least, and within the State or Territory where such court 
is at the time held one year at least, and that during that time he has 
behaved as a man of good moral character, attached to the principles 
of the Constitution of the United States, and well disposed to the good 
order and happiness of the same. In addition to the oath of the appli- 
cant, the testimony of at least two witnesses, citizens of the United 
States, as to the facts of residence, moral character, and attachment to 
the principles of the Constitution shall be required, and the name, place 
of residence, and occupation of each witness shall be set forth in the 
record. 

Fifth. In case the alien applying to be admitted to citizenship has 
borne any hereditary title, or has been of any of the orders of nobility in 
the kingdom or state from which he came, he shall, in addition to the 
above requisite, make an express renunciation of his title or order of no- 
bility in the court to which his application is made, and his renunciation 
shall be recorded in the court. 

Sixth. When any alien who has declared his intention to become a 
citizen of the United States dies before he is actually naturalized the 
widow and minor children of such alien may, by complying with the 
other provision of this act, be naturalized without making any declara- 
tion of intention. 

§ 4 of the act entitled "An act to es- the United States," appproved June 29, 

tablish a bureau of immigration and nat- 1906, was amended by the act of May 9, 

uralization and to provide a uniform rule 1918 (Pub. No. 144, 65th Cong.) by add- 

for the naturalization of aliens throughout ing seven new subdivisions. 

Seventh. Any native-born Filipino of the age of twenty-one years and 
upward who has declared his intention to become a citizen of the United 
States and who has enlisted or may hereafter enlist in the United States 
Navy or Marine Corps or the Naval Auxiliary Service, and who, after 
service of not less than three years, may be honorably discharged there- 
from, or who may receive an ordinary discharge with recommendation for 
reenlistment ; or any alien, or any Porto Rican not a citizen of the United 
States, of the age of twenty-one years and upward, who has enlisted or 
entered or may hereafter enlist in or enter the armies of the United States, 
either the Regular or Volunteer Forces, or the National Army, the Na- 
tional Guard or Naval Militia of any State, Territory, or the District of 
Columbia, or the State militia in Federal service, or in the United States 
Navy or Marine Corps, or in the United States Coast Guard, or who has 
served for three years on board of any vessel of the United States Gov- 
ernment, or for three years on board of merchant or fishing vessels of the 
United States of more than twenty tons burden, and while still in the 
service on a reenlistment or reappointment, or within six months after 
an honorable discharge or separation therefrom, or while on furlough to 
the Army Reserve or Regular Army Reserve after honorable service, may, 
on presentation of the required declaration of intention petition for nat- 
uralization without proof of the required five years' residence within the 
United States if upon examination by the representative of the Bureau of 
Naturalization, in accordance with the requirements of this subdivision it 
is shown that such residence can not be established ; any alien serving in 
the military or naval service of the United States during the time this 

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NATURALIZATION LAWS 

country is engaged in the present war may file his petition for naturaliza- 
tion without making the preliminary declaration of intention and without 
proof of the required five years' residence within the United States ; any 
alien declarant who has served in the United States Army or Navy, or 
the Philippine Constabulary, and has been honorably discharged there- 
from, and has been accepted for service in either the military or naval 
service of the United States on the condition that he becomes a citizen of 
the United States, may file his petition for naturalization upon proof of 
continuous residence within the United States for the three years im- 
mediately preceding his petition, by two witnesses, citizens of the United 
States, and in these cases only residence in the Philippine Islands and 
the Panama Canal Zone by aliens may be considered residence within the 
United States, and the place of such military service shall be construed 
as the place of residence required to be established for purposes of nat- 
uralization; and any alien, or any person owing permanent allegiance to 
the United States embraced within this subdivision, may file his petition 
for naturalization in the most convenient court without proof of residence 
within its jurisdiction, notwithstanding the limitation upon the jurisdic- 
tion of the courts specified in section three of the act of June twenty-ninth, 
nineteen hundred and six, provided he appears with his two witnesses 
before the appropriate representative of the bureau of naturalization 
and passes the preliminary examination hereby required before filing his 
petition for naturalization in the office of the clerk of the court, and in 
each case the record of this examination shall be offered in evidence by 
the representative of the Government from the Bureau of Naturaliza- 
tion and made a part of the record at the original and any subsequent 
hearings; and, except as otherwise herein provided, the honorable dis- 
charge certificate of such alien, or person owing permanent allegiance to 
the United States, or the certificate of service showing good conduct, 
signed by a duly authorized officer, or by the masters of said vessels, shall 
be deemed prima facie evidence to satisfy all of the requirements of resi- 
dence within the United States and within the State, Territory, or the 
District of Columbia, and good moral character required by law, when 
supported by the affidavits of two witnesses, citizens of the United States, 
identifying the applicant as the person named in the certificate or honor- 
able discharge, and in those cases only where the alien is actually in the 
military or naval service of the United States, the certificate of arrival 
shall not be filed with the petition for naturalization in the manner pre- 
scribed; and any petition for naturalization filed under the provisions 
of this subdivision may be heard immediately, notwithstanding the law 
prohibits the hearing of a petition for naturalization during thirty days 
preceding any election in the jurisdiction of the court. Any alien who, at 
the time of the passage of this act, is in the military service of the United 
States, who may not be within the jurisdiction of any court authorized 
to naturalize aliens, may file his petition for naturalization without ap- 
pearing in person in the office of the clerk of the court and shall not be 
required to take the prescribed oath of allegiance in open court. The pe- 
tition shall be verified by the affidavits of at least two credible witnesses 
who are citizens of the United States, and who shall prove in their affida- 
vits the portion of the residence that they have personally known the ap- 
plicant to have resided within the United States. The time of military 
service may be established by the affidavits of at least two other citizens 
of the United States, which together with the oath of allegiance, may be 
taken in accordance with the terms of section seventeen hundred and fifty 
of the Revised Statutes of the United States after notice from and under 

2666 



NATURALIZATION LAWS 

regulations of the Bureau of Naturalization. Such affidavits and oath of 
allegiance shall be admitted in evidence in any original or appellate nat- 
uralization proceeding without proof of the genuineness of the seal or 
signature or of the official character of the officer before whom the affi- 
davits and oath of allegiance were taken, and shall be filed by the repre- 
sentative of the Government from the Bureau of Naturalization at the 
hearing as provided by section eleven of the act of June twenty-ninth, 
nineteen hundred and six. Members of the Naturalization Bureau and 
Service may be designated by the Secretary of Labor to administer oaths 
relating to the administration of the naturalization law ; and the require- 
ment of section ten of notice to take depositions to the United States at- 
orneys is repealed, and the duty they perform under section fifteen of 
the act of June twenty-ninth, nineteen hundred and six (Thirty-fourth 
Statutes at Large, part one, page five hundred and ninety-six), may also 
be performed by the Commissioner or Deputy Commissioner of Naturali- 
zation: Provided, That it shall not be lawful to make a declaration of 
intention before the clerk of any court on election day or during the 
period of thirty days preceding the day of holding any election in the 
jurisdiction of the court: Provided further, That service by aliens upori 
vessels other than of American registry, whether continuous or broken, 
shall not be considered as residence for naturalization purposes within 
the jurisdiction of the United States, and such aliens can not secure resi- 
dence for naturalization purposes during service upon vessels of foreign 
registry. 

During the time when the United States is at war no clerk of a United 
States court shall charge or collect a naturalization fee from an alien in 
the military service of the United States for filing his petition or issuing 
the certificate of naturalization upon admission to citizenship, and no 
clerk of any State court shall charge or collect any fee for this service* 
unless the laws of the State require such charge to be made, in which case 
nothing more than the portion of the fee required to be paid to the State 
shall be charged or collected. A full accounting for all of these transac- 
tions shall be made to the Bureau of Naturalization in the manner pro- 
vided by section thirteen of the act of June twenty-ninth, nineteen hun- 
dred and six. 

Eighth. That every seaman, being an alien, shall, after his declara- 
tion of intention to become a citizen of the United States, and after he 
shall have served three years upon such merchant or fishing vessels of 
the United States, be deemed a citizen of the United States for the pur- 
pose of serving on board any such merchant or fishing vessel of the 
United States, anything to the contrary in any act of Congress notwith- 
standing; but such seaman shall, for all purposes of protection as an 
American citizen, be deemed such after the filing of his declaration of 
intention to become such citizen; Provided, That nothing contained in 
this act shall be taken or construed to repeal or modify any portion of 
the act approved March fourth, nineteen hundred and fifteen (Thirty- 
eighth Statutes at Large, part one, page eleven hundred and sixty-four, 
chapter one hundred and fifty-three), being an act to promote the wel- 
fare of American seamen. 

Ninth. That for the purpose of carrying on the work of the Bureau 
of Naturalization of sending the names of the candidates for citizenship 
to the public schools and otherwise promoting instruction and training in 
citizenship responisbilities of applicants for naturalization, as provided in 
this subdivision, authority is hereby given for the reimbursement of the 
printing and binding appropriation of the Department of Labor upon 

2667 



NATURALIZATION LAWS 

the records of the Treasury Department from the naturalization fees de- 
posited in the Treasury through the Bureau of Naturalization for the cost 
of publishing the citizenship textbook prepared and to be distributed by 
the Bureau of Naturalization to those candidates for citizenship only who 
are in attendance upon the public schools, such reimbursement to be made 
upon statements by the Commissioner of Naturalization of books actually 
delivered to such student candidates for citizenship, and a monthly nat- 
uralization bulletin, and in this duty to secure the aid of and cooperate 
with the official States and national organizations, including those con- 
cerned with vocational education and including personal services in the 
District of Columbia, and to aid the local Army exemption boards and 
cooperate with the War Department in locating declarants subject to the 
Army draft and expenses incidental thereto. 

Tenth. That any person not an alien enemy, who resided uninterrup- 
tedly within the United States during the period of five years next pre- 
ceding July first, nineteen hundred and fourteen, and was on that date 
otherwise qualified to become a citizen of the United States, except that 
he had not made declaration of intention required by law, and who 
during or prior to that time, because of misinformation regarding his 
citizenship status, erroneously exercised the rights and performed the 
duties of a citizen of the United States in good faith, may hie the petition 
for naturalization prescribed by law without making the preliminary dec- 
laration of intention required of other aliens, and upon satisfactory proof 
to the court that he has so acted may be admitted as a citizen of the 
United States upon complying in all respects with the other requirements 
of the naturalization law. 

Eleventh. No alien who is a native, citizen, subject or denizen of 
any country, State, or sovereignty with which the United States is at war 
shall be admitted to become a citizen of the United States unless he made 
his declaration of intention not less than two nor more than seven years 
prior to the existence of the state of war, or was at that time entitled to 
become a citizen of the United States, without making a declaration of 
intention, or unless his petition for naturalization shall then be pending 
and is otherwise entitled to admission, notwithstanding he shall be an 
alien enemy at the time and in the manner prescribed by the laws passed 
upon that subject: Provided, That no alien embraced within this subdi- 
vision shall have his petition for naturalization called for a hearing, or 
heard, except after ninety days' notice given by the clerk of the court 
to the Commissioner or Deputy Commissioner of Naturalization to be 
present, and the petition shall be given no final hearing except in open 
court and after such notice to the representative of the Government from 
the Bureau of Naturalization, whose objection shall cause the petition to be 
contiinued from time to time for so long as the Government may re- 
quire : Provided, however, That nothing herein contained shall be taken 
or construed to interfere with or prevent the apprehension and removal, 
agreeably to law, of any alien enemy at any time previous to the actual 
naturalization of such alien ; and section twenty-one hundred and seventy- 
one of the Revised Statutes of the United States is hereby repealed : Pro- 
vided, further, That the President of the United States may, in his discre- 
tion, upon investigation and report by the Department of Justice fully 
establishing the loyalty of any alien enemy not included in the foregoing 
exemption, except such alien enemy from the classification of alien enemy, 
and thereupon he shall have the privilege of applying for naturalization ; 
and for the purposes of carrying into effect the provisions of this section, 
including personal services in the District of Columbia, the sum of $400,- 

2668 



NATURALIZATION LAWS 

000 is hereby appropriated, to be available until June thirtieth, nineteen 
hundred and nineteen, including travel expenses for members of the Bu- 
reau of Naturalization and its field service only, and the provisions of 
section thirty-six hundred and seventy-nine of the Revised Statutes shall 
not be applicable in any way to this appropriation. 

Twelfth. That any person who, while a citizen of the United States 
and during the existing war in Europe, entered the military or naval 
service of any country at war with a country with which the United States 
is now at war, who shall be deemed to have lost his citizenship by reason 
of any oath or obligation taken by him for the purpose of entering such 
service, may resume his citizenship by taking the oath of allegiance to 
the United States prescribed by the naturalization law and regulations, 
and such oath may be taken before any court of the United States or of 
any State authorized by law to naturalize aliens or before any counsel 
of the United States, and certified copies thereof shall be sent by such 
court or consul to the Department of State and the Bureau of Naturaliza- 
tion, and the act (Public fifty-five, Sixty-fifth Congress, approved Octo- 
ber fifth, nineteen hundred and seventeen), is hereby repealed. 

Thirteenth. That any person who is serving in the military or naval 
forces of the United States at the termination of the existing war, and any 
person who before the termination of the existing war may have been 
honorably discharged from the military or naval service of the United 
States on account of disability incurred in line of duty, shall, if he applies 
to the proper court for admission as a citizen of the United States, be 
relieved from the necessity of proving that immediately preceding the date 
of his application he has resided continuously within the United States 
the time required by law of other aliens, or within the State, Territory, 
or the District of Columbia for the year immediately preceding the date 
of his petition for naturalization, but his petition for naturalization shall 
be supported by the affidavits of two credible witnesses, citizens of the 
United States, identifying the petitioner as the person named in the cer- 
tificate of honorable discharge, which said certificate may be accepted as 
evidence of good moral character required by law, and he shall comply 
with the other requirements of the naturalization law. 

Sec. 5. That the clerk of the court shall, immediately after filing the 
petition, give notice thereof by posting in a public and conspicuous place 
in his office, or in the building in which his office is situated, under an 
appropriate heading, the name, nativity, and residence of the alien, the 
date and place of his arrival in the United States, and the date, as nearly 
as may be, for the final hearing of his petition, and the names of the wit- 
nesses whom the applicant expects to summon in his behalf; and the 
clerk shall, if the applicant requests it, issue a subpoena for the witnesses 
so named by the said applicant to appear upon the day set for the final 
hearing, but in case such witnesses can not be produced upon the final 
hearing, other witnesses may be summoned. 

Sec. 6. That petitions for naturalization may be made and filed dur- 
ing term time or vacation of the court and shall be docketed the same day 
as filed, but final action thereon shall be had only on stated days, to be 
fixed by rule of the court, and in no case shall final action be had upon a 
petition until at least ninety days have elapsed after filing and posting 
the notice of such petition : Provided, That no person shall be naturalized 
nor shall any certificate of naturalization be issued by any court within 
thirty days preceding the holding of any general election within its terri- 
torial jurisdiction. It shall be lawful at the time and as a part of the nat- 
uralization of any alien, for the court, in its discretion, upon the petition 

2669 



NATURALIZATION LAWS 

of such alien, to make a decree changing the name of said alien, and his 
certificate of naturalization shall be issued to him in accordance therewith. 

Sec. 7. That no person who disbelieves in or who is opposed to or- 
ganized government, or who is a member of or affiliated with any organi- 
zation entertaining and teaching such disbelief in or opposition to organ- 
ized government, or who advocates or teaches the duty, necessity, or pro- 
priety of the unlawful assaulting or killing of any officer or officers, either 
of specific individuals or of officers generally, of the government of the 
United States, or of any other organized government, because of his or 
their official character, or who is a polygamist, shall be naturalized or be 
made a citizen of the United States. 

Sec. 8. That no alien shall hereafter be naturalized or admitted as 
a citizen of the United States who can not speak the English language: 
Provided, That this requirement shall not apply to aliens who are phys- 
ically unable to comply therewith, if they are otherwise qualified to be- 
come citizens of the United States: And provided further, That the re- 
quirements of this section shall not apply to any alien who has prior to 
the passage of this act declared his intention to become a citizen of the 
United States in conformity with the law in force at the date of making 
such declaration : Provided further, That the requirements of section eight 
shall not apply to aliens who shall hereafter declare their intention to 
become citizens and who shall make homestead entries upon the public 
lands of the United States and comply in all respects with the laws pro- 
viding for homestead entries on such lands. 

Sec. 9. That every final hearing upon such petition shall be had in 
open court before a judge or judges thereof, and every final order which 
may be made upon such petition shall be under the hand of the court and 
entered in full upon a record kept for that purpose, and upon such final 
hearing of such petition the applicant and witnesses shall be examined 
under oath before the court and in the presence of the court. 

Sec. 10. That in case the petitioner has not resided in the State, Ter- 
ritory, or the District of Columbia for a period of five years continuously 
and immediately preceding the filing of his petition he may establish by 
two witnesses, both in his petition and at the hearing, the time of his resi- 
dence within the State, provided that it has been for more than one year, 
and the remaining portion of his five years' residence within the United 
States required by law to be established may be proved by the depositions 
of two or more witnesses who are citizens of the United States, upon no- 
tice to the Bureau of Naturalization. 

See footnote to § 4. 

Sec. 11. That the United States shall have the right to appear before 
any court or courts exercising juirsdiction in natralization proceedings 
for the purpose of cross-examining the petitioner and the witnesses pro- 
duced in support of his petition concerning any matter touching or in any 
way affecting his right to admission to citizenship, and shall have the 
right to call witnesses, produce evidence, and be heard in opposition to 
the granting of any petition in naturalization proceedings. 

Sec. 12. That it is hereby made the duty of the clerk of each anc 1 
every court exercising jurisdiction in naturalization matters under the 
provisions of this act to keep and file a duplicate of each declaration of 
intention made before him and to send to the Bureau of Naturalization 
at Washington, within thirty days after the issuance of a certificate of 
citizenship, a duplicate of such certificate, and to make and keep on file 
in his office a stub for each certificate so issued by him, whereon shall be 

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NATURALIZATION LAWS 

entered a memorandum of all the essential facts set forth in such certi- 
ficate. It shall also be the duty of the clerk of each of said courts to re- 
port to the said bureau, within thirty days after the final hearing and 
decision of the court, the name of each and every alien who shall be 
denied naturalization, and to furnish to said bureau duplicates of all 
petitions within thirty days after the filing of the same, and certified 
copies of such other proceedings and orders instituted in or issued out of 
said court affecting or relating to the naturalization of aliens as may be 
required from time to time by the said bureau. 

In case any such clerk or officer acting under his direction shall refuse 
or neglect to comply with any of the foregoing provisions he shall forfeit 
and pay to the United States the sum of twenty-five dollars in each and 
every case in which such violation or omission occurs, and the amount of 
such forfeiture may be recovered by the United States in an action of 
debt against such clerk. 

Clerks of courts having and exercising jurisdiction in naturalization 
matters shall be responsible for all blank certificates of citizenship re- 
ceived by them from time to time from the Bureau of Naturalization, 
and shall account for the same to the said bureau whenever required so 
to do by such bureau. No certificate of citizenship received by any such 
clerk which may be defaced or injured in such manner as to prevent its 
use as herein provided shall in any case be destroyed, but such certifi- 
cate shall be returned to the said bureau; and in case any such clerk 
shall fail to return or properly account for any certificate furnished by 
the said bureau, as herein provided, he shall be liable to the United 
States in the sum of fifty dollars, to be recovered in an action of debt, 
for each and every certificate not properly accounted for or returned. 

Sec. 13. That the clerk of each and every court exercising jurisdic- 
tion in naturalization cases shall charge, collect, and account for the 
following fees in each proceeding: 

§ 13 as amended by act of June 25, 1910. alien in military service who flies petition 
See last paragraph of seventh subdi- during- time United States is at war. 
vision of § 4, regarding- fee to be paid by 

For receiving and filing a declaration of intention and issuing a dup- 
licate thereof, one dollar. 

For making, filing, and docketing the petition of an alien for admis- 
sion as a citizen of the United States and for the final hearing thereon, 
two dollars ; and for entering the final order and the issuance of the cer- 
tificate of citizenship thereunder, if granted, two dollars. 

The clerk of any court collecting such fees is hereby authorized to re- 
tain one-half of the fees collected by him in such naturalization proceed- 
ing; the remaining one-half of the naturalization fees in each case col- 
lected by such clerks, respectively, shall be accounted for in their quar- 
terly accounts, which they are hereby required to render the Bureau of 
Naturalization, and paid over to such bureau within thirty days from the 
close of each quarter in each and every fiscal year, and the moneys so 
received shall be paid over to the disbursing clerk of the Department of 
Labor, who shall thereupon deposit them in the Treasury of the United 
States, rendering an account therefor quarterly to the Auditor for the 
State and Other Departments, and the said disbursing clerk shall be held 
responsible under his bond for said fees so received. 

In addition to the fees herein required, the petitioner shall, upon the 
filing of his petition to become a citizen of the United States, deposit 
with and pay to the clerk of the court a sum of money sufficient to cover 
the expenses of subpoenaing and paying the legal fees of any witnesses 

2671 



NATURALIZATION LAWS 

for whom he may request a subpoena, and upon the final discharge of 
such witnesses they shall receive, if they demand the same from the 
clerk, the customary and usual witness fees from the moneys which the 
petitioner shall have paid to such clerk for such purpose, and the resi- 
due, if any, shall be returned by the clerk to the petitioner: Provided, 
That the clerks of courts exercising jurisdiction in naturalization pro- 
ceedings shall be permitted to retain one-half of the fees in any fiscal 
year up to the sum of three thousand dollars, and that all fees received 
by such clerks in naturalization proceedings in excess of such amount 
shall be accounted for and paid over to said bureau as in case of other 
fees to which the United States may be entitled under the provisions of 
this act. The clerks of the various courts exercising jurisdiction in nat- 
uralization proceedings shall pay all additional clerical force that may 
be required in performing the duties imposed by this act upon the clerks 
of courts from fees received by such clerks in naturalization proceedings. 

And in case the clerk of any court exercising naturalization jurisdic- 
tion collects fees in excess of the sum of six thousand dollars in any fiscal 
year the Secretary of Labor may allow salaries, for naturalization pur- 
poses only, to pay for clerical assistance, to be selected and employed 
by that clerk, additional to the clerical force, for which clerks of courts 
are required by this section to pay from fees received by such clerks in 
naturalization proceedings, if in the opinion of said Secretary the nat- 
uralization business of such clerk warrants further additional assistance : 
Provided, That in no event shall the whole amount allowed the clerk of 
a court and his assistants exceed one-half of the gross receipts of the 
office of said clerk from naturalization fees during such fiscal year: 
Provided further, That when, at the close of any fiscal year, the business 
of such clerk of court indicates in the opinion of the Secretary of Labor 
that the naturalization fees for the succeeding fiscal year will exceed 
six thousand dollars the Secretary of Labor may authorize the continu- 
ance of the allowance of salaries for the additional clerical assistance 
herein provided for and employed on the last day of the fiscal year un- 
til such time as the remittances indicate in the opinion of said Secretary 
that the fees for the then current fiscal year will not be sufficient to al- 
low the additional clerical assistance authorized by this act. 

That payment for the additional clerical assistance herein authorized 
shall be in the manner and under such regulations as the Secretary of 
Labor may prescribe. 

Sec. 14. That the declarations of intention and the petitions for nat- 
uralization shall be bound in chronological order in separate volumes, 
indexed, consecutively numbered, and made part of the records of the 
court. Each certificate of naturalization issued shall bear upon its face, 
in a place prepared therefor, the volume number and page number of the 
petition whereon such certificate was issued, and the volume number and 
page number of the stub of such certificate. 

Sec. 15. That it shall be the duty of the United States district attor- 
neys for the respective districts, upon affidavit showing good cause there- 
for, to institute proceedings in any court having jurisdiction to natural- 
ize aliens in the judicial district in which the naturalized citizen may 
reside at the time of bringing the suit, for the purpose of setting aside 
and canceling the certificate of citizenship on the ground of fraud or 
on the ground that such certificate of citizenship was illegally procured. 
In any such proceedings the party holding the certificate of citizenship 
alleged to have been fraudulently or illegally procured shall have sixty 
days personal notice in which to make answer to the petition of the 

2672 






NATURALIZATION LAWS 

United States; and if the holder of such certificate be absent from the 
United States or from the district in which he last had his residence, 
such notice shall be given by publication in the manner provided for the 
service of summons by publication or upon absentees by the laws of the 
State or the place where such suit is brought. 

If any alien who shall have secured a certificate of citizenship under 
the provisions of this act shall, within five years after the issuance of 
such certificate, return to the country of his nativity, or go to any other 
foreign country, and take permanent residence therein, it shall be con- 
sidered prima facie evidence of a lack of intention on the part of such 
alien to become a permanent citizen of the United States at the time of 
filing his application for citizenship, and, in the absence of countervail- 
ing evidence, it shall be sufficient in the proper proceeding to authorize 
the cancellation of his certificate of citizenship as fraudulent, and the 
diplomatic and consular officers of the United States in foreign coun- 
tries shall from time to time, through the Department of State, furnish 
the Department of Justice with the names of those within their respec- 
tive jurisdictions who have such certificates of citizenship and who have 
taken permanent residence in the country of their nativity, or in any 
other foreign country, and such statements, duly certified, shall be ad- 
missible in evidence in all courts in proceedings to cancel certificates 
of citizenship. 

Whenever any certificate of citizenship shall be set aside or canceled, 
as herein provided, the court in which such judgment or decree is ren- 
dered shall make an order canceling such certificate of citizenship and 
shall send a certified copy of such order to the Bureau of Naturalization ; 
and in case such certificate was not originally issued by the court mak- 
ing such order it shall direct the clerk of the court to transmit a copy 
of such order and judgment to the court out of which such certificate 
of citizenship shall have been originally issued. And it shall thereupon 
be the duty of the clerk of the court receiving such certified copy of the 
order and judgment of the court to enter the same of record and to 
cancel such original certificate of citizenship upon the records and to 
notify the Bureau of Naturalization of such cancellation. 

The provisions of this section shall apply not only to certificates of 
citizenship issued under the provisions of this act, but to all certificates 
of citizenship which may have been issued heretofore by any court ex- 
ercising jurisdiction in naturalization proceedings under prior laws. 
Sec. 16. [Superseded by act of Mar. 4, 1909. See sec. 74.] 
Sec. 17. [Superseded by act of Mar. 4, 1909. See sec. 75.] 
Sec. 18. That it is hereby made a felony for any clerk or other per- 
son to issue or be a party to the issuance of a certificate of citizenship 
contrary to the provisions of this act, except upon a final order under 
the hand of a court having jurisdiction to make such order, and upon 
conviction thereof such clerk or other person shall be punished by im- 
prisonment for not more than five years and by a fine of not more than 
five thousand dollars, in the discretion of the court. 

Sec. 19. [Superseded by act of Mar. 4, 1909. See sec. 77.] 
Sec. 20. That any clerk or other officer of a court having power un- 
der this act to naturalize aliens, who wilfully neglects to render true 
accounts of moneys received by him for naturalization proceedings or 
who wilfully neglects to pay over any balance of such moneys due to 
the United States within thirty days after said payment shall become 
due and demand therefor has been made and refused, shall be deemed 
guilty of embezzlement of the public moneys, and shall be punishable 

2673 



NATURALIZATION LAWS 

by imprisonment for not more than five years, or by a fine of not more 
than five thousand dollars, or both. 

Sec. 21. That it shall be unlawful for any clerk of any court or his 
authorized deputy or assistant exercising jurisdiction in naturalization 
proceedings to demand, charge, collect, or receive any other or addi- 
tional fees or moneys in naturalization proceedings save the fees and 
moneys herein specified; and a violation of any of the provisions of this 
section or any part thereof is hereby declared to be a misdemeanor and 
shall be punished by imprisonment for not more than two years, or by 
a fine of not more than one thousand dollars, or both such fine and im- 
prisonment. 

Sec. 22. That the clerk of any court exercising jurisdiction in nat- 
uralization proceedings, or any person acting under authority of this 
act, who shall knowingly certify that a petitioner, affiant, or witness 
named in an affidavit, petition, or certificate of citizenship, or other 
paper or writing required to be executed under the provisions of this 
act, personally appeared before him and was sworn thereto, or ack- 
nowledged the execution thereof or signed the same, when in fact such 
petitioner, affiant, or witness did not personally appear before him, or 
was not sworn thereto, or did not execute the same, or did not ack- 
nowledge the execution thereof, shall be punished by a fine not exceed- 
ing five thousand dollars, or by imprisonment not to exceed five years. 

Sec. 23. That any person who knowingly procures naturalization in 
violation of the provisions of this act shall be fined not more than five 
thousand dollars, or shall be imprisoned not more than five years, or 
both, and upon conviction the court in which such conviction is had shall 
thereupon adjudge and declare the final order admitting such person 
to citizenship void. Jurisdiction is hereby conferred on the courts hav- 
ing jurisdiction of the trial of such offense to make such adjudica- 
tion. Any person who knowingly aids, advises, or encourages any per- 
son not entitled thereto to apply for or to secure naturalization, or to 
file the preliminary papers declaring an intent to become a citizen of the 
United States, or who in any naturalization proceeding knowingly pro- 
cures or gives false testimony as to any material fact, or who knowingly 
makes an affidavit false as to any material fact required to be proved in 
such proceeding, shall be fined not more than five thousand dollars, or 
imprisoned not more than five years, or both. 

Sec. 24. That no person shall be prosecuted, tried, or punished for 
any crime arising under the provisions of this act unless the indictment 
is found or the information is filed within five years next after the com- 
mission of such crime. 

Sec. 25. That for the purpose of the prosecution of all crimes and 
offenses against the naturalization laws of the United States which may 
have been committed prior to the date when this act shall go into effect, 
the existing naturalization laws shall remain in full force and effect. 

Sec. 26. That sections twenty-one hundred and sixty-five, twenty-one 
hundred and sixty-seven, twenty-one hundred and sixty-eight, twenty- 
one hundred and seventy-three of the Revised Statutes of the United 
States of America, and section thirty-nine of chapter one thousand and 
twelve of the Statutes at Large of the United States of America for the 
year nineteen hundred and three, and all acts or parts of acts inconsis- 
tent with or repugnant to the provisions of this act are hereby repealed. 

Sec. 27. That substantially the following forms shall be used in the 
proceedings to which they relate : 

2674 



NATURALIZATION LAWS 

Declaration of Intention. 

(Invalid for all purposes seven years after the date hereof.) 

., ss. 

I, , aged years, occupation , do declare on 

oath (affirm) that my personal description is: Color , complexion 

, height , weight , color of hair , color of eyes 

— , other visible distinctive marks. ; I was born in 

on the day of , anno Domini ; I now reside at ; 

I emigrated to the United States of America from.... , on the vessel 

....; my last foreign residence was It is my bona Me inten- 
tion to renounce forever all allegiance and fidelity to any foreign prince, 

potentate, state or sovereignty, and particularly to ..., of which I 

am now a citizen (subject) ; I arrived at the (port) of , in the State 

(Territory or District of Columbia) of , on or about the.... 

See footnote to § 4. 

day of , anno Domini ; I am not an anarchist; I am not a 

polygamist nor a believer in the practice of polygamy ; and it is my inten- 
tion in good faith to become a citizen of the United States of America and 
to permanently reside therein. So help me God. 

(Original signature of declarant) 

Subscribed and sworn to (affirmed) before me this day of 

.., anno Domini 

[L.S.] 

(Official character of attestor.) 

Petition for Naturalization. 

Court of 

In the natter of the petition of to be admitted as a 

citizen of the United States of America. 
To the Court: 

The petition of respectfully shows : 

First. My full name is 

Second. My place of residence is number street, city 

of , State (Territory or District of Columbia) of 

Third. My occupation is 

Fourth. I was born on the day of at 

Fifth. I emigrated to the United States from ., on or about 

the day of.. anno Domini , and arrived at the port 

of , in the United States, on the vessel 

Sixth. I declared my intention to become a citizen of the United States 
on the day of ..., at , in the ...court of 

Seventh. I am married. My wife's name is 

She was born in and now resides at I have 

children, and the name, date, and place of birth and place of residence of 
each of said children is as follows : , : , , 



Eighth. I am not a disbeliever in or opposed to organized govern- 
ment or a member of or affiliated with any organization or body of per- 
sons teaching disbelief in organized government. I am not a polygamist 
nor a believer in the practice of polygamy. I am attached to the principles 
of the Constitution of the United States, and it is my intention to become 
a citizen of the United States and to renounce absolutely and forever all 
allegiance and fidelity to any foreign prince, potentate, state, or sovereignty 
and particularly to of which at this time I am a citizen (or sub- 
ject), and it is my intention to reside permanently in the United States. 

2675 



NATURALIZATION LAWS 

Ninth. I am able to speak the English language. 

Tenth. 1 have resided continuously in the United States of America 
for a term of five years at least immediately preceding the date of this 

petition, to wit, since .., anno Domini , and in the State 

(Territory or District of Columbia) of -for one year at least 

next preceding the date of this petition to wit, since day of 

anno Domini 

See footnote t<> S 4. 

Eleventh. I have not heretofore made petition for citizenship to any 

court. (I made petition for citizenship to the ..court of at 

, and the said petition was denied by the said court for the follow- 
ing reasons and causes, to wit, , and the cause of such denial 

has since been cured or removed.) 

Attached hereto and made a part of this petition are my declaration 
of intention to become a citizen of the United States and the certificate 
from the Department of Labor required by law. Wherefore your peti- 
tioner prays that he may be admitted a citizen of the United States of 
America. 

Dated 

(Signature of petitioner) — 

_ , ss. 

, , being duly sworn, deposes and says that he is the 

petitioner in the above-entitled proceeding: that he has read the fore- 
going petition and knows the contents thereof; that the same is true of 
his own knowledge, except as to matters therein stated to be alleged upon 
information and belief, and that as to those matters he believes it to be 
true. 

Subscribed and sworn to before me this ...day of .., anno 

Domini 

Clerk of the Court. 

Affidavit of Witnesses. 

Court of , 

In the matter of the petition of to be admitted a citizen 

of the United States of America. 

, ss. 

.., occupation , residing at , and 

.., occupation , residing at , each being severally, 

duly, and respectively sworn, deposes and says that he is a citizen of the 

United States of America ; that he has personally known 

the petitioner above mentioned, to be a resident of the United States for a 
period of at least five years continuously immediately preceding the date 
of filing his petition, and of the State (Territory or the District of Co- 
lumbia) in which the above-entitled application is made for a period of 
....years immediately preceding the date of filing his petition; and 

See footnote to S 4. 

that he has personal knowledge that the said petitioner is a person of 
good moral character, attached to the principles of the Constitution of 
the United States, and that he is in every way qualified, in his opinion, to 
be admitted as a citizen of the United States. 



Subscribed and sworn to before me this day of , nineteen 

hundred and 

[l.s.] 

(Official character of attestor.) 

2676 



NATURALIZATION LAWS 

Certificate of Naturalization. 

Number 

Petition, volume , page 

Stub, volume ..., page 

(Signature of holder) 

Description of holder: Age, ; height, ._; color ; 

complexion, ; color of eyes, ; color of hair, ; visible 

See footnote to § 4. 

distinguishing marks, Name, age and place of residence of wife, 

., ..., Names, ages and places of residence of minor 

children, , , , , ,... ,, , 



.., ss. 

Be it remembered, that at a .term of the court of , 

held at , on the. day of. .., in the year of our Lord nine- 
teen hundred and , , who previous to his (her) naturaliza- 
tion was a citizen or subject of , at present residing at number 

street, city (town) State (Territory 

or the District of Columbia) , having applied to be admitted a citizen of the 

See footnote to § 4. 

United States of America pursuant to law, and the court having found 
that the petitioner has resided continuously within the United States for 
at least five years and in this State for one year immediately preceding 
the date of the hearing of his (her) petition, and that said petitioner in- 
tends to reside permanently in the United States, had in all respects com- 
plied with the law in relation thereto, and that....he was entitled to be so 
admitted, it was thereupon ordered by the said court that ....he be ad- 
mitted as a citizen of the United States of America. 

In testimony whereof the seal of said court is hereunto affixed on the 

day of .., in the year of our Lord nineteen hundred and 

and of our independence the 

[L.S.] 

(Official character of attestor.) 

Stub of Certificate of Naturalization, 

No. of certificate 

Name ; age, 

Declaration of intention, volume , page 

Petition, volume page 

Name, age and place of residence of wife, , ..., Names 

ages, and places of residence of minor children, , , , 



Date of order, volume.... ..., page..... 

(Signature of holder) 



Sec. 28. That the Secretary of Labor shall have power to make such 
rules and regulations as may be necessary for properly carrying into 
execution the various provisions of this act. Certified copies of all papers, 
documents, certificates, and records required to be used, filed, recorded, 
or kept under any and all of the provisions of this act shall be admitted 
in evidence equally with the originals in any and all proceedings under 
this act and in all cases in which the originals thereof might be admissible 
as evidence. 

2677 



NATURALIZATION LAWS 

Sec. 29. That for the purpose of carrying into effect the provisions 
of this act there is hereby appropriated the sum of one hundred thousand 
dollars, out of any moneys in the Treasury of the United States not oth- 
erwise appropriated, which appropriation shall be in full for the objects 
hereby expressed until June thirtieth, nineteen hundred and seven; and 
the provisions of section thirty-six hundred and seventy-nine of the Re- 
vised Statutes of the United States shall not be applicable in any way to 
this appropriation. 

Sec. 30. That all the applicable provisions of the naturalization laws 
of the United States shall apply to and be held to authorize the admission 
to citizenship of all persons not citizens who owe permanent allegiance to 
the United States, and who may become residents of any State or organ- 
ized Territory of the United States, with the following modifications: 
The applicant shall not be required to renounce allegiance to any for- 
eign sovereignty; he shall make his declaration of intention to become 
a citizen of the United States at least two years prior to his admission; 
and residence within the jurisdiction of the United States, owing such 
permanent allegiance, shall be regarded as residence within the United 
States within the meaning of the five years' residence clause of the existing 
law. 

Sec. 31. That this act shall take effect and be in force from and after 
ninety days from the date of its passage: Provided, That sections one, 
two, twenty-eight, and twenty-nine shall go into effect from and after the 
passage of this act. 

Approved June 29, 1906. 

NATURALIZATION. 

NATURALIZATION LIMITED TO WHITE PERSONS AND THOSE OF THE 

AFRICAN RACE. 

[Act of February 18, 1875, amending act of July 14, 1870.] 

Sec. 2169. The provisions of this title shall apply to aliens being 
free white persons; and to aliens of African nativity and to persons of 
African descent. [R. S. 1878, p. 380 ; 1 Comp. Stat. 1901, p. 1333.] 

NATURALIZATION OF CHINESE PROHIBITED. 

[Act of May 6, 1882.] 

Sec. 14. That hereafter no State court or court of the United States 
shall admit Chinese to citizenship; and all laws in conflict with this act 
are hereby repealed. (22 Stat. L., p. 61.) 

RESIDENCE WITHIN THE UNITED STATES REQUIRED FOR FrVE YEARS 

CONTINUOUSLY. 

[Act of March 3, 1813.] 

[The United States Circuit Court of Appeals has held that sec. 2170 was not repealed 
by the naturalization act of June 29, 1906. (See United States v. Rodiek, 162 F. 469.)] 

Sec. 2170. No alien shall be admitted to become a citizen who has 
not for the continued term of five years next preceding his admission re- 
sided within the United States. (R. S. 1878, p. 380; 1 Comp. Stat. 1901, 
p. 1333.) 

NATURALIZATION OF ALIEN ENEMIES PROHIBITED. 

[Act of July 30, 1813, amending act of April 14, 1802.] 

Sec. 2171. R. S. 1878, p. 380; 1 Comp. Stat. 1901, p. 1334. This sec- 
tion repealed by the act of May 9, 1918 (Pub. No. 144, 65th Cong.). (See 
sec. 4, subdivision 11th.) 

2678 



NATURALIZATION LAWS 

ALIEN SEAMEN OF MERCHANT VESSELS. 

[Act of July 7, 1872.] 

Sec. 2174. R. S. 1878, p. 380, 1 Comp. Stat. 1901, 1334. This section 
repealed by the act of May 9, 1918 (Pub. No. 144, 65th Cong.). (See 
sec. 4, subdivisions 7th and 8th.) 

NATURALIZATION OF DECLARANTS WHO HAVE SERVED IN THE NAVAL 
RESERVE FORCE IN TIME OF WAR. 

[Act of May 22, 1917.] 

Be it enacted by the Senate and House of Representatives of the United, 
States of America in Congress assembled, That the Act entitled "An Act 
making appropriations for the naval service for the fiscal year ending 
June thirtieth, nineteen hundred and seventeen, and for other purposes," 
approved August twenty-ninth, nineteen hundred and sixteen, be, and the 
same is hereby, amended by adding after the proviso under the heading 
"Naval Reserve Force," which reads as follows : "Provided, That citizens 
of the insular possessions of the United States may enroll in the Naval 
Auxiliary Reserve/' a further proviso as follows : Provided further, That 
such persons who are not citizens of the United States, but who have or 
shall have declared their intention to become citizens of the United States, 
and who are citizens of countries which are at peace with the United 
States, may enroll in the Naval Reserve Force subject to the condition 
that they may be discharged from such enrollment at any time within the 
discretion of the Secretary of the Navy, and such persons who may, under 
existing law, become citizens of the United States, and who render hon- 
orable service in the Naval Reserve Force in time of war for a period of 
not less than one year may become citizens of the United States without 
proof of residence on shore and without further requirement than proof 
of good moral character and certificate from the Secretary of the Navy 
that such honorable service was actually rendered. (Public Laws, 65th 
Cong. 1st Sess., 1917, p. 84.) 

HONORABLY DISCHARGED SOLDIERS EXEMPT FROM CERTAIN FORMALITIES. 

[Act of July 17, 1862.] 

Sec. 2166. R. S. 1878, p. 379 ; 1 Comp. Stat. 1901, p. 1332. This sec- 
tion repealed by act of May 9, 1918 (Pub. No. 144, 65th Cong.), except 
as to honorably discharged soldiers who served in U. S. Armies prior to 
January 1, 1900. (See subdivision 7th, sec. 2.) 

ALIENS HONORABLY DISCHARGED FROM SERVICE IN NAVY OR MARINE 

CORPS. 

[Act of July 26, 1894 (28 Stat. L. p. 124). Repealed by act of May 9, 1918 (Pub. 
No. 144, 65th Cong.).] 

(See subdivision 7th.) 

ALIENS HONORABLY DISCHARGED FROM SERVICE IN NAVY, MARINE CORPS, 
REVENUE CUTTER SERVICE, OR NAVAL AUXILIARY SERVICE. 

[Act of June 30, 1914 (38 Stat. L. pt. 1, p. 395). Repealed by act of May 9, 1918 (Pub. 
No. 144, 65th Cong.).] 

(See subdivision 7th.) 

ALIENS WHO ERRONEOUSLY BELIEVED THEMSELVES CITIZENS EXEMPT 

FROM CERTAIN FORMALITIES. 

[Act of June 25, 1910.] 

Sec. 3. 36 Stat. L. pt. 1, p. 830. This section repealed by act of May 
9, 1918 (Pub. No. 144, 65th Cong.). (See subdivision 10th.) 

2679 



NATURALIZATION LAWS 

PROVIDING FOB NATURALIZATION OF WIFE AND MINOR CHILDREN OF IX- 
BANE ALIENS MAKING HOMESTEAD ENTRIES UNDER LAND LAWS 

OF THE UNITED STATES. 
I Act of February 24, L911.] 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That when any alien, who has 
declared his intention to become a citizen of the United States, becomes 
insane before he is actually naturalized, and his wife shall thereafter 
make a homestead entry under the land laws of the United States, she and 
their minor children may, by complying with the other provisions of the 
naturalization laws be naturalized without making any declaration of 
intention. (36 Stat. L., pt. 1, p. 929.) 

NATURALIZATION OF DESERTERS OR PERSONS WHO GO ABROAD TO AVOID 

DRAFT PROHIBITED. 

[Act of August 22, 1912.] 

Sec. 3954. [Amending Sec. 1998, U. S. R. S.] Every person who 
hereafter deserts the military or naval service of the United States, or 
who, being duly enrolled, departs the jurisdiction of the district in which 
he is enrolled or goes beyond the limits of the United States, with intent 
to avoid any draft into the military or naval service, lawfully ordered, 
shall be liable to all the penalties and forfeitures of section 1996 of the 
Revised Statutes : Provided, That the provisions of this section and said 
section 1996 [infra] shall not apply to any person hereafter deserting the 
military or naval service of the United States in time of peace * * *. 
(4 Comp. Stat. 1916, p. 4828.) 

[Act of March 3, 1865.] 

Sec. 1996. All persons who deserted the military or naval service of 
the United States and did not return thereto or report themselves to a 
provost marshal within sixty days after the issuance of the proclamation 
by the President, dated the 11th day of March, 1865, are deemed to have 
voluntarily relinquished and forfeited their rights of citizenship, as well 
as their right to become citizens; and such deserters shall be forever 
incapable of holding any office of trust or profit under the United States, 
or of exercising any rights of citizens thereof. (R. S. 1878, p. 350; 1 
Comp. Stat. 1901, p. 1269.) 

OFFICIAL! MAIL TO BE FORWARDED BY CLERKS OF COURTS TO BUREAU 
FREE OF POSTAGE, AND BY REGISTERED MAIL IF NECESSARY. 

[Act of October 6, 1917.] 

* * * That all mail matter, of whatever class, relating to naturaliza- 
tion, including duplicate papers required by law or regulation to be sent 
to the Bureau of Naturalization by clerks of State or Federal Courts, ad- 
dressed to the Department of Labor, or the Bureau of Naturalization, or 
to any official thereof, and indorsed "Official Business," shall be trans- 
mitted free of postage, and by registered mail if necessary, and so marked : 
Provided further, That if any person shall make use of such indorsement 
to avoid payment of postage or registry fee on his or her private letter, 
package, or other matter in the mail, the person so offending shall be 
guilty of a misdemeanor and subject to a fine of $300, to be prosecuted in 
any court of competent jurisdiction. 

(Pub. Laws, 65th Cong., 1st sess., 1917, p. 376. Postal Laws and Regs., 
sec. 278, par. 3Vfe, and sec. 498, par. 2.) 

2680 



NATURALIZATION LAWS 

VALIDATING CERTAIN CERTIFICATES OF NATURALIZATION WHERE DECLA- 
RATIONS WERE FILED PRIOR TO SEPTEMBER 27, 1906. 

[Act of May 9, 1918.] 

Sec. 3. That all certificates of naturalization granted by courts of 
competent jurisdiction prior to December thirty -first, nineteen hundred 
and eighteen, upon petitions for naturalization filed prior to January 
thirty-first, nineteen hundred and eighteen, upon declarations of inten- 
tion filed prior to September twenty-seventh, nineteen hundred and six, 
are hereby declared to be valid in so far as the declaration of intention 
is concerned, but shall not be by this act further validated or legalized. 

AN ACT TO CODIFY, REVISE, AND AMEND THE PENAL LAWS OF THE 

UNITED STATES. 

[Act of March 4, 1909.] 

[The following sections repealed sees. 16, 17, and 19 of the act of June 29, 1906.] 

Sec. 74. Whoever shall falsely make, forge, or counterfeit, or cause 
or procure to be falsely made, forged, or counterfeited, or shall knowingly 
aid or assist in falsely making, forging, or counterfeiting any certificate 
of citizenship, with intent to use the same, or with the intent that the 
same may be used by some other person, shall be fined not more than 
ten thousand dollars, or imprisoned not more than ten years, or both. 

Sec. 75. Whoever shall engrave, or cause or procure to be engraved, 
or assist in engraving, any plate in the likeness of any plate designed for 
the printing of a certificate of citizenship ; or whoever shall sell any such 
plate, or shall bring into the United States from any foreign place any 
such plate, except under the direction of the Secretary of Labor or other 
proper officer ; or whoever shall have in his control, custody, or possession 
any metallic plate engraved after the similitude of any plate from which 
any such certificate has been printed, with intent to use or to suffer such 
plate to be used in forging or counterfeiting any such certificate or any 
part thereof; or whoever shall print, photograph, or in any manner cause 
to be printed, photographed, made, or executed any print or impression 
in the likeness of any such certificate, or any part thereof; or whoever 
shall sell any such certificate, or shall bring the same into the United 
States from any foreign place, except by direction of some proper officer 
of the United States; orjwhoever shall have in his possession a distinctive 
paper which has been adopted by the proper officer of the United States 
for the printing of such certificate, with intent unlawfully to use the 
same, shall be fined not more than ten thousand dollars, or imprisoned 
not more than ten years, or both. 

Sec. 76. Whoever, when applying to be admitted a citizen, or when 
appearing as a witness for any such person, shall knowingly personate any 
person other than himself, or shall falsely appear in the name of a de- 
ceased person, or in an assumed or fictitious name; or whoever shall 
falsely make, forge, or counterfeit any oath, notice, affidavit, certificate, 
order, record, signature, or other instrument, paper, or proceeding re- 
quired or authorized by any law relating to or providing for the naturaliza- 
tion of aliens ; or whoever shall utter, sell, dispose of, or shall use as true 
or genuine, for any unlawful purpose, any false, forged, antedated, or 
counterfeit oath, notice, certificate, order, record, signature, instrument, 
paper, or proceeding above specified ; or whoever shall sell or dispose of 
to any person other than the person for whom it was originally issued 
any certificate of citizenship or certificate showing any person to be 
admitted a citizen, shall be fined not more than one thousand dollars, or 
imprisoned not more than five years, or both. 

2681 



NATURALIZATION LAWS 

Sec. 77. Whoever shall use or attempt to use, or shall aid, assist, or 
participate in the use of any certificate of citizenship, knowing the same to 
be forged, counterfeit, or antedated, or knowing the same to have been 
procured by fraud or otherwise unlawfully obtained ; or whoever, without 
lawful excuse, shall knowingly possess any false, forged, antedated, or 
counterfeit certificate of citizenship purporting to have been issued under 
any law of the United States relating to naturalization, knowing such 
certificate to be false, forged, antedated, or counterfeit, with the intent 
unlawfully to use the same ; or whoever shall obtain, accept, or receive any 
certificate of citizenship, knowing the same to have been procured by fraud 
or by the use or means of any false name or statement given or made 
with the intent to procure, or to aid in procuring, the issuance of such 
certificate, or knowing the same to have been fraudulently altered or 
antedated ; or whoever, without lawful excuse, shall have in his possession 
any blank certificate of citizenship provided by the Bureau of Naturaliza- 
tion with the intent unlawfully to use the same ; or whoever, after having 
been admitted to be a citizen, shall, on oath or by affidavit, knowingly deny 
that he has been so admitted, with the intent to evade or avoid any duty 
or liability imposed or required by law, shall be fined not more than one 
thousand dollars, or imprisoned not more than five years, or both. 

Sec. 78. Whoever shall in any manner use, for the purpose or regis- 
tering as a voter, or as evidence of a right to vote, or otherwise unlawfully, 
any order, certificate of citizenship, or certificate, judgment, or exempli- 
fication, snowing any person to be admitted to be a citizen, whether here- 
tofore or hereafter issued or made, knowing that such order, certificate, 
judgment or exemplification has been unlawfully issued or made; or who- 
ever shall unlawfully use, or attempt to use, any such order or certificate, 
issued to or in the name of any other person, or in a fictitious name, or 
the name of a deceased person, shall be fined not more than one thousand 
dollars, or be imprisoned not more than five years, or both. 

Sec. 79. Whoever shall knowingly use any certificate of naturaliza- 
tion heretofore or which hereafter may be granted by any court, which 
has been or may be procured through fraud or by false evidence, or which 
has been or may hereafter be issued by the clerk or any other officers of 
the court without any appearance and hearing of the applicant in court 
and without lawful authority; or whoever, for any fraudulent purpose 
whatever, shall falsely represent himself to be a citizen of the United 
States without having been duly admitted to citizenship, shall be fined not 
more than one thousand dollars, or imprisoned not more than two years, 
or both. 

Sec. 80. Whoever, in any proceeding under or by virtue of any law 
relating to the naturalization of aliens, shall knowingly swear falsely in 
any case where an oath is made or affidavit taken, shall be fined not more 
than one thousand dollars and imprisoned not more than five years. 

Sec. 81. The provisions of the five sections last preceding shall apply 
to all proceedings had or taken, or attempted to be had or taken, before 
any court in which any proceeding for naturalization may be commenced 
or attempted to be commenced, and whether such court was vested by law 
with jurisdiction in naturalization proceedings or not. (35 Stat. L., 
pt. 1, p. 1102.) 

[By the terms of section 341 of the act referred to above the fore- 
going sections specifically repealed sections 5395, 5424, 5425, 5426, 5428 
and 5429 of the Revised Statutes of the United States, as well as sections 
16, 17 and 19 of the act of June 29, 1906, 34 Stat. L., pt. 1, p. 596.] 

2682 






NATURALIZATION LAWS 
LAWS REPEALED BY THE ACT OF MAY 9, 1918. 

[The act of May 9, 1918, Public No. 144, Sixty-fifth Congress, con- 
tained the following provisions:] 

Sec. 2. * * * That all acts or parts of acts inconsistent with or 
repugnant to the provisions of this act are hereby repealed; but nothing 
in this act shall repeal or in any way enlarge section twenty-one hundred 
and sixty-nine of the Revised Statutes, except as specified in the seventh 
subdivision of this act and under the limitation therein defined: Pro- 
vided, That for the purposes of the prosecution of all crimes and offenses 
against the naturalization laws of the United States which may have been 
committed prior to this act the statutes and laws hereby repealed shall re- 
main in full force and effect: Provided further, That as to all aliens who, 
prior to January first, nineteen hundred, served in the Armies of the 
United States and were honorably discharged therefrom, section twenty- 
one hundred and sixty-six of the Revised Statutes of the United States 
shall be and remain in full force and effect, anything in this act to the con- 
trary notwithstanding. 

[And specifically repealed the following: Sections 2166, 2171, 2174, 
United States Revised Statutes ; and so much of an act approved June 26, 
1894, entitled, "An Act making provisions for the naval service for the 
fiscal year ending June 30, 1895, and for other purposes (28 Stat. L., 
p. 124), as relates to naturalization: and so much of an act approved June 
30, 1914, entitled "An act making appropriations for the naval service 
for the fiscal year ending June 30, 1915, and for other purposes (38 Stat. 
L., pt. 1, p. 392), as relates to naturalization; and so much of section 3 of 
an act approved June 25, 1910 (36 Stat. L., pt. 1, p. 830), as relates to 
naturalization; and Public Act, No. 55, Sixty-fifth Congress, approved 
October 5, 1917.] 

Citizenship. 

[In regard to the acquisition of citizenship by means other than naturalization, see 
also sees. 1992 and 1995 of the United States Revised Statutes.] 

CITIZENSHIP BY BIRTH. 

Sec. 1. All persons born or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United States and of 
the state wherein they reside. * * * (Constitution, Art. XIV.) 

CITIZENSHIP OF CHILDREN BORN ABROAD OF CITIZENS. 

[Act of February 10, 1855, amending- act of April 14, 1802.] 

Sec. 1993. All children heretofore born or hereafter born out of the 
limits and jurisdiction of the United States, whose fathers were or may 
be at the time of their birth citizens thereof, are declared to be citizens 
of the United States; but the rights of citizenship shall not descend to 
children whose fathers never resided in the United States. (R. S. 1878, 
p. 350; 1 Comp. Stat. 1901, p. 1268.) 

CITIZENSHIP OF WOMEN BY MARRIAGE. 

[Act of February 10, 1855.] 

Sec. 1994. Any woman who is now or may hereafter be married to a 
citizen of the United States, and who might herself be lawfully natural- 
ized, shall be deemed a citizen. (R. S. 1878, p. 350; 1 Comp. Stat. 1901, 
p. 1268.) 



2683 



NATURALIZATION LAWS 

CHILDREN or PERSONS NATURALIZED UNDER CERTAIN LAWS TO BE 

CITIZENS. 

[Act of April 14, 1802. 1 

Sec. 2172. The children of persons who have been duly naturalized 
under any law of the United States, or who, previous to the passing of any 
law on that subject, by the Government of the United States, may have 
become citizens of any one of the States, under the laws thereof being un- 
der the age of twenty-one years at the time of the naturalization of their 
parents, shall, if dwelling in the United States, be considered as citizens 
thereof; and the children of persons who now are, or have been, citizens 
of the United States, shall, though born out of the limits and jurisdiction 
of the United States, be considered as citizens thereof ; but no person here- 
tofore proscribed by any State, or who has been legally convicted of hav- 
ing joined the army of Great Britain during the Revolutionary War, shall 
be admitted to become a citizen without the consent of the Legislature of 
the State in which such person was proscribed. (R. S. 1878, p. 380; 
1 Comp. Stat. 1901, p. 1334.) 

EXPATRIATION OF CITIZENS AND THEIR PROTECTION ABROAD. 

[Act of March 2, 1907.] 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Secretary of Sta|te 
shall be authorized, in his discretion, to issue passports to persons not 
citizens of the United States as follows: Where any person has made a 
declaration of intention to become such a citizen as provided by law and 
has resided in the United States for three years a passport may be issued 
to him entitling him to the protection of the Government in any foreign 
country : Provided, That such passport shall not be valid for more than 
six months and shall not be renewed, and that such passport shall not 
entitle the holder to the protection of this government in the country of 
which he was a citizen prior to making such declaration of intention. 

Sec. 2. That any American citizen shall be deemed to have expatri- 
ated himself when he has been naturalized in any foreign State in con- 
formity with its laws, or when he has taken an oath of allegiance to any 
foreign State. 

When any naturalized citizen shall have resided for two years in the 
foreign State from which he came, or for five years in any other foreign 
State it shall be presumed that he has ceased to be an American citizen, 
and the place of his general abode shall be deemed his place of residence 
during said years : Provided, however, That such presumption may be 
overcome on the presentation of satisfactory evidence to a diplomatic or 
consular officer of the United States, under such rules and regulations as 
the Department of State may prescribe: And provided, also, That no 
American citizen shall be allowed to expatriate himself when this country 
is at war. 

Sec. 3. That any American woman who marries a foreigner shall 
take the nationality of her husband. At the termination of the marital re- 
lation she may resume her American citizenship, if abroad, by registering 
as an American citizen within one year with a consul of the United States, 
or by returning to reside in the United States, or, if residing in the United 
States at the termination of the marital relation, by continuing to reside 
therein. 

Sec. 4. That any foreign woman who acquires American citizenship 
by marriage to an American shall be assumed to retain the same after the 
termination of the marital relation if she continue to reside in the United 

2684 



NATURALIZATION LAWS 

States, unless she makes formal renunciation thereof before a court hav- 
ing jurisdiction to naturalize aliens, or if she resides abroad she may re- 
tain her citizenship by registering as such before a United States consul 
within one year after the termination of such marital relation. 

Sec. 5. That a child born without the United States of alien parents 
shall be deemed a citizen of the United States by virtue of the naturaliza- 
tion of or resumption of American citizenship by the parent: Provided, 
That such naturalization or resumption takes place during the minority 
of such child : And provided further, That the citizenship of such minor 
child shall begin at the time such minor child begins to reside perma- 
nently in the United States. 

Sec. 6. That all children born outside the limits of the United States 
who are citizens thereof in accordance with the provisions of section 
nineteen hundred and ninety-three of the Revised Statutes of the United 
States and who continue to reside outside the Unitd States shall, in or- 
der to receive the protection of this Government, be required upon reach- 
ing the age of eighteen years, to record at an American consulate their 
intention to become residents and remain citizens of the United States 
and shall be further required to take the oath of allegiance to the United 
States upon attaining their majority. 

Sec. 7. That duplicates of any evidence, registration, or other acts 
required by this act shall be filed with the Department of State for record. 
(34 Stat. L. ; pt. 1, p. 1228.) 

PORTO RICAN CITIZENSHIP. 

[Act of April 12, 1900.] 

Sec. 7. That all inhabitants continuing to reside therein who were 
Spanish subjects on the eleventh day of April, eighteen hundred and 
ninety-nine, and then resided in Porto Rico, and their children born sub- 
sequent thereto, shall be deemed and held to be citizens of Porto Rico, 
and as such entitled to the protection of the United States, except such as 
shall have elected to preserve their allegiance to the Crown of Spain 
on or before the eleventh day of April, nineteen hundred, in accordance 
with the provisions of the treaty of peace between the United States and 
Spain entered into on the eleventh day of April, eighteen hundred and 
ninety-nine; * * * (31 Stat, L. 79.) 

PORTO RICO: CITIZENSHIP, NATURALIZATION, AND RESIDENCE. 

[Act of March 2, 1917.] 

Sec. 5. That all citizens of Porto Rico, as defined by section seven of 
the act of April twelfth, nineteen hundred, "temporarily to provide rev- 
enues and a civil government for Porto Rico, and for other purposes," and 
all natives of Porto Rico who were temporarily absent from that island 
on April eleventh, eighteen hundred and ninety-nine, and have since re- 
turned and are permanently residing in that island, and are not citizens 
of any foreign country, are hereby declared, and shall be deemed and 
held to be, citizens of the United States : Provided, That any person here- 
inbefore described may retain his present political status by making a 
declaration, under oath, of his decision to do so within six months of the 
taking effect of this act before the district court in the district in which 
he resides, the declaration to be in form as follows : 

"I , being duly sworn, hereby declare my intention not to be- 
come a citizen of the United States as provided in the act of Congress con- 
ferring United States citizenship upon citizens of Porto Rico and certain 
natives permanently residing in said island." 

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NATURALIZATION LAWS 

In the case of any such person who may be absent from the island 
during said six months the term of this proviso may be availed of by 
transmitting a declaration, under oath, in the form herein provided within 
six months of the taking effect of this act to the executive secretary of 
Porto Rico: And provided farther, That any person who is born in Porto 
Rico of an alien parent and is permanently residing in that island may, 
if of full age, within six months of the taking effect of this act, or if a 
minor, upon reaching his majority or within one year thereafter, make 
a sworn declaration of allegiance to the United States before the United 
States District Court for Porto Rico, setting forth therein all the facts 
connected with his or her birth and residence in Porto Rico and accom- 
panying due proof thereof, and from and after the making of such dec- 
laration shall be considered to be a citizen of the United States. 

Sec. 41. That Porto Rico shall constitute a judicial district to be 
called "the district of Porto Rico." * * * The district court for said 
district shall be called "the District Court of the United States for Porto 
Rico," * * * said district court shall have jurisdiction for the nat- 
uralization of aliens and Porto Ricans, and for this purpose residence in 
Porto Rico shall be counted in the same manner as residence elsewhere in 
the United States. * * * (39 Stat. L., 965.) 

NATURALIZATION REGULATIONS. 

[At the time this code went to print regulations had not been formulated upon the 
act of May 9, 1918, Public No. 144, 65th Congress, which is amendatory of section 4 
of the act of June 29, 1906.] 

Department of Labor, 
Office of the Secretary, 
Washington, November 23, 1917. 

1. Since September 26, 1906, naturalization jurisdiction of State 
courts is confined to such as have "a seal, a clerk, and jurisdiction in 
actions at law or equity, or law and equity, in which the amount in 
controversy is unlimited. " 

2. Rule 2 of these regulations, heretofore in force, which provided 
that "Any alien who, prior to September 27, 1906, has declared his in- 
tention in conformity with the law in force at the date of his declara- 
tion, shall not be required to renew such declaration, " is hereby abro- 
gated. 

3. Aliens who lawfully declared their intention on and after June 29, 
1906, and prior to September 27, 1906, must comply with all of the re- 
quirements of the naturalization act of June 29, 1906, in petitioning for 
naturalization, with the exception that those arriving prior to June 29, 
1906, are not required to furnish certificates of arrival. 

Aliens who declared their intention prior to June 29, 1906, in ac- 
cordance with the requirements of law, must comply with all of the re- 
quirements of the naturalization act of June 29, 1906, in petitioning for 
naturalization, except that they will not be required to file certificates 
of arrival, sign their petitions in their own handwriting, or to speak the 
English language. 

4. Any alien who declares his intention after June 29, 1906, and 
files his petition thereon, must sign said petition in his own handwriting, 
and must be able to speak the English language, unless excepted by the 
provisos in section 8 of the naturalization act. If an alien is physically 
unable to speak that fact should be stated in his petition in lieu of the 

2686 



NATURALIZATION LAWS 

statement, "I am able to speak the English language." Aliens who ar- 
rive in the United States before reaching 18 years of age can not obtain 
citizenship without making declaration of intention, which may be made 
in a court having naturalization jurisdiction over the place of their es- 
tablished residence after reaching that age. 

5. Blank forms "Facts for declaration of intention" (Form 2213) 
and "Facts for petition for naturalization" (Form 2214) are provided 
clerks of courts for the preliminary use of persons making declaration 
of intention or petition for naturalization, and may be taken away from 
the office of the clerk in order that the information called for may be ob- 
tained in full. When either of said forms is returned to the clerk he 
shall examine it to see that all the information required is furnished 
before proceeding to make out a declaration or petition. 

In all cases where aliens have arrived in this country after June 29, 
1906, they should be given the form "Application for certificate of ar- 
rival," Form 2226, at the time they desire to file petitions for naturaliza- 
tion instead of Form 2214. This application has attached to it the 
facts required in a petition for naturalization. The application and 
other blanks on the form should all be carefully filled out by the alien 
and mailed with his triplicate declaration of intention to the Commis- 
sioner of Naturalization to enable him to obtain and transmit the re- 
quired certificate of arrival (Form 526 or 526a) to the clerk of court 
for filing with the petition. The clerk of the court should not commence 
the execution of the petition until he has received the certificate of ar- 
rival prescribed by this regulation. The certificate of arrival will con- 
tain its serial number in the upper right-hand corner, which the clerk of 
the court will insert in the petition for naturalization at the place in- 
dicated. 

When a clerk of court executes a petition for naturalization for an 
alien who arrived in the United States before June 29, 1906, and fails to 
attach his declaration of intention, or, in the case of an alien who arrived 
after June 29, 1906, fails to attach thereto either his certificate of ar- 
rival or his declaration of intention, in accordance with the terms of 
section 4 of the act of June 29, 1906, no valid petition is docketed, and 
since the petitioner is required to pay for the docketing of a complete 
petition only, the petition should be marked "spoiled" and the fee held 
for the payment for a complete petition. The number of the petition 
spoiled should be shown on the abstract of collections, with the notation 
"spoiled" to indicate the reason for not forwarding the fee in connec- 
tion therewith. After the certificate of arrival or the declaration of 
intention has been received, the alien will be notified by the bureau to 
appear with his witnesses to file a complete petition and the $4 originally 
paid by the alien must be applied to the petition when completed and 
accounted for in the current abstract of naturalization fees. If the fee 
was transmitted to the bureau before a complete petition was filed, 
the clerk should so report on the face of his current abstract for appro- 
priate adjustment to be made. 

6. Declarations of intention will be furnished in bound volumes 
(Form 2202, 50 leaves; 2202A, 150 leaves; or 2202B, 250 leaves) as a 
court record, varied in number of pages according to the requirements 
of the court. In addition to the bound records, the duplicate and trip- 
licate declarations of intention (Form 2203) will be furnished as loose 
sheets attached together and perforated so that they can be readily 
torn apart, the triplicate to be given to the declarant and the duplicate 
to be forwarded to the Bureau of Naturalization. Each bound record 

2687 



NATURALIZATION LAWS 

will contain an index in addition to the original declarations of inten- 
tion, and will be paged in consecutive order. At the time the original 
declarations of intention in the bound volumes are filled out and signed 
the names of the declarants must be entered in the index. The declar- 
ations shall be numbered consecutively, beginning with No. 1 in volume 
1 and continuing the sequence from volume to volume. 

7. The originals of the petitions for naturalization will also be fur- 
nished in bound volumes (Form 2204, 100 leaves, or 2204B, 250 leaves) 
paged in consecutive order and provided with an index. The duplicate 
petitions (Form 2205) will be furnished as loose sheets, and when 
executed must be forwarded to the Bureau of Naturalization by regis- 
tered mail, as provided in rule 22 of these regulations. The original 
petitions for naturalization in the bound volumes must be filled out and 
signed, the names of the petitioners entered in the index, and retained 
as part of the permanent records of the office in which filed. Petitions 
shall be numbered consecutively, beginning with No. 1 in volume 1 and 
continuing in order in the following volumes. The first petition in vol- 
ume 2 must not be numbered "1," but shall receive the number follow- 
ing that given the last petition in volume 1. 

8. Certificates of naturalization (Form 2207) will be supplied in 
bound volumes consisting of original and duplicate certificates and 
stubs. Each original and duplicate certificate and the stub will be 
given the same serial number, the stub to the original certificate bear- 
ing a page number in addition to its serial number. The original certi- 
ficate will be given to the petitioner in accordance with the final order 
of the court, and the duplicate shall be forwarded to the Bureau of 
Naturalization by registered mail, as provided in rule 22 of these regu- 
lations, the stub to the original constituting a part of the permanent 
records of the court. The bound volumes containing the declarations, 
petitions, and certificates constitute the "records" and dockets required 
by sections 6 and 14 of the naturalization act. The department requires 
no other dockets to be kept. 

9. No certificate of naturalization shall be issued to a petitioner 
until after the judge of the court granting naturalization has signed the 
order to that effect. 

10. Clerks of courts will be furnished with requisition blanks (Form 
2201) on which are listed, by number and title, all blank forms, includ- 
ing record and order books, to be used in the naturalization of aliens, 
and these forms must be obtained exclusively from the Bureau of Nat- 
uralization, Department of Labor, none other being official. Manila 
envelopes or jackets (Form 2211) will be furnished to clerks in which 
to place the triplicate declaration of intention or the original certificate 
of naturalization before delivering it to the person making the declara- 
tion or to the person naturalized. 

11. The first supply of blank forms will be furnished upon the writ- 
ten applications of the clerks of courts having jurisdiction to naturalize 
aliens, accompanied, in the case of clerks of State courts, by authorita- 
tive evidence (preferably the certificate of the attorney general of the 
State) that the courts of which such clerks are officers have "a seal, 
a clerk, and jurisdiction in actions at law or equity, or law and equity, 
in which the amount in controversy is unlimited." Subsequent supplies 
of such blank forms will be furnished the clerks of courts having juris- 
diction to naturalize aliens upon the receipt by the Bureau of Natural- 
ization of requisitions made on Form 2201. 

2688 



NATURALIZATION LAWS 

12. Clerks of courts when first making application to the Bureau of 
Naturalization for the supplies of the blank forms required in the nat- 
uralization of aliens shall state whether any declarations of intention 
have been filed or orders of naturalization made by their courts since 
September 26, 1906. They should also state the number of certificates 
of naturalization issued by the court since June 1, 1903, if such certi- 
ficates fail to comply with the requirements of the immigration act of 
March 3, 1903. 

13. Where the same court holds sessions at different places, whether 
a clerk is appointed at each of said places or the one clerk is required to 
transact the business of the court wherever it may sit, separate supplies 
shall be kept, in order to comply with the requirements of section 14 of 
the naturalization act, which provides that the bound declarations of in- 
tention and of petitions for naturalization shall be in chronological order 

14. In every case in which the name of a naturalized alien is chang- 
ed by order of court, as provided in section 6, the clerk of the court is 
required to report both the original and the new name of the said person 
to the Bureau of Naturalization when transmitting to it the duplicate of 
the certificate of naturalization of the alien whose name is changed. 

15. On the first working day of each month the clerk shall inform 
the Bureau of Naturalization on Form 2209 of the date of posting no- 
tice on Form 2206, as required by section 5, and of the day, month, and 
year, as near as may be, for the final hearing of each and every petition 
for naturalization filed and posted during the preceding month. These 
reports on Form 2209 must specify only the petitions filed in the month 
to which and report relates and no others. In continued cases notice on 
Form 2206 must be amended to show the postponed date and remain 
posted until final action is had. 

16. On the first working day of each month following the sitting of 
a court in naturalization cases the clerk of such court shall forward to 
the Bureau of Naturalization on Form 2210 a list containing the name 
of each and every alien who, during such sitting of court, has been de- 
nied naturalization and shall state the reason or reasons for such denial. 

17. Applications for lost or destroyed naturalization papers issued 
prior to September 27, 1906, should be disposed of in accordance with 
the rules in force in the court at the time of the issuance of the papers. 

The following rule applies exclusively to naturalization papers issued 
since September 26, 1906. 

Applications for the issuance of declarations of intention (Form 
2203) or certificates of naturalization (Form 2207) in lieu of declara- 
tions of intention or certificates of naturalization claimed to have been 
lost or destroyed shall be submitted in affidavit form to the clerk of the 
court by which any such declarations of intention or certificates of nat- 
uralization were originally issued, and shall contain full information 
in regard to the lost or destroyed papers, and as to the time, place, and 
circumstances of such alleged loss or destruction. (Form 2225 prepared 
for this purpose may be obtained from the clerk of any naturalization 
court.) The clerk shall forward to the Bureau of Naturalization the 
above-mentioned applications, together with such information as he 
may have bearing upon the merits thereof, for investigation, and no 
such paper so applied for shall be issued until the Bureau of Naturaliza- 
tion reports the results of its investigation as to the merits of the ap- 
plication. 

In every case in which the clerk of the court issues, in accordance 
with the foregoing, a declaration of intention (Form 115) or a certifi- 

2689 



NATURALIZATION LAWS 

cate of naturalization (Form 2207) upon proof of the loss or destruc- 
tion of the original, he shall make an entry on the original declaration 
showing the issuance of a certified copy, or on the stubs of both the new 
and the old certificates of naturalization, showing the issuance of a 
new certificate, giving the numbers of the new and old certificates. 

One certified copy of declaration of intention (Form 2215) or certi- 
ficate of naturalization (Form 2216) may be furnished by the clerk of 
the issuing court under his hand and the seal of the court for the use 
only of the person concerned to establish his citizenship status in con- 
nection with any entry under the public-land laws of the United States. 
Unless the applicant presents to the clerk his original declaration or 
certificate for comparison, these forms can under no conditions be issued. 
In case the alien makes a second land entry he may support his second 
entry by describing the first land claim with which his declaration or 
certificate is filed. 

The fees to be collected for the issuance of each of the copies of 
declarations of intention and of certificates of naturalization described 
in this regulation, and the disposal to be made of such fees when collect- 
ed, will be determined in accordance with the law and the rules in force 
in the respective courts. No part of these fees is required to be for- 
warded to this department. Clerks are, however, required to make 
quarterly reports, on Form 2217, on the first working day of January, 
April, July and October, of the number of such papers issued during 
the preceding quarter. 

18. Original declarations of intention, or certificates of naturaliza- 
tion, issued subsequent to September 26, 1906, and surrendered to the 
General Land Office in support of entries upon public land, may be re- 
turned upon proper application. In cases of declarations of intention 
the clerk will forward the application to the Bureau of Naturalization, 
accompanied by a certified copy on Form 2215. In cases of certificates, 
the application will be accompanied by a personal description of the 
applicant. In both instances a description of the land should be in- 
cluded, giving the section, township, and range, together w r ith the date 
and place of making the entry. The originals will then be procured 
from the General Land Office and returned to the clerk of the court. 

19. For recording the affidavits of substituted witnesses under sec- 
tion 5 of the act of June 29, 1906, blank forms (Form 2218) have been 
prepared as pasters to be affixed to the backs of petitions in the bound 
volume, following the "Order of court admitting petitioner." Copies 
of this form may be procured by the usual requisition (Form 2201). 
Do not send copies of this form to the Bureau of Naturalization. 

20. Aliens making declarations of intention, or filing petition for 
naturalization, must sign their names in full and without abbreviation 
in the appropriate places on the various blank forms, and the entries 
of their names by the clerk must correspond in every particular. Where 
a name contains an initial which is used only to distinguish one individ- 
ual from another with the same surname, that fact should be noted on 
the paper. 

21. Clerks of courts shall not receive declarations of intention (Form 
2202) or file petitions for naturalization (Form 2204) from other aliens 
than white persons and persons of African nativity or of African de- 
scent. Any alien, other than a Chinese person, who claims that he is a 
white person in the sense in which that term is used in section 2169, 
Revised Statutes, should be allowed, if he insists upon it after an ex- 
planation is made showing him the risk of denial, to file his declaration 

2690 






NATURALIZATION LAWS 

or his petition, as the case may be, leaving the issue to be determined 
by the court. 

Declarations should not be received from, nor petitions for naturali- 
zation filed by, persons not residing in the judicial district within which 
the court is held. 

22. On the first working day of each and every month clerks of 
courts shall forward to the Bureau of Naturalization, under Government 
frank, duplicates of all declarations of intention, petitions for naturali- 
zation, and certificates of naturalization filed or issued during the pre- 
ceding month ; except that at any time during the month that an aggre- 
gate number of 200 naturalization papers of all classes have been filed 
or issued the duplicates thereof shall be forwarded to the bureau forth- 
with. Duplicate petitions for naturalization and duplicate certificates 
of naturalization shall be forwarded by registered mail, without the 
payment of registry fee (act of Congress, Pub. No. 64, sec. 1, approved 
Oct. 6, 1917) ; and duplicate declarations of intention may be inclosed 
therewith or forwarded by ordinary mail. Each clerk making a ship- 
ment of naturalization papers shall forward therewith a report on 
Form 2208 showing the number of such papers filed or issued during the 
month or portion of month reported. Where petitions for naturaliza- 
tion have been filed, report on Form 2209, showing the approximate 
dates of hearings, shall also be inclosed with such shipment. When no 
naturalization business has been transacted during any month it is un- 
necessary to render a report to that effect other than the quarterly re- 
port on Form 2212. (See rule 23.) 

23. All fees provided for in section 13 of the act of June 29, 1906, 
shall be accounted for on the "Abstract of collections" (Form 2212) 
within 30 days after the close of each quarter of a fiscal year. These 
quarters end September 30, December 31, March 31, and June 30, re- 
spectively. One-half of all moneys so collected, up to $6000, and all in 
excess thereof, shall be remitted to the Commissioner of Naturalization, 
Bureau of Naturalization, with said quarterly account, such remittance 
to be made payable to the order of the Secretary of Labor, preferably 
by draft. If collections for the first quarter of a fiscal year are $1500 
or over, the clerk must not retain more than $750. If collections for 
the first and second quarters total $3000 or over, the clerk must not 
retain more than a total of $1500 for the two quarters. If collections 
for the first, second and third quarters total $4500 or over, the clerk 
must not retain more than a total of $2250 for the three quarters, and 
not more than a total of $3000 for the entire fiscal year where the total 
collections for the year are $6000 or over. 

The Comptroller of the Treasury has decided that section 13 requires 
the collection of the final fee of $2, or a total of $4, at the time the pe- 
tition for naturalization is filed whether the certificate of naturalization 
be issued or denied. 

In cases where no naturalization business is transacted during any 
quarter, Form 2212, shall be forwarded as aforesaid with the words 
"No transactions" noted thereon. 

24. (a) Where a petition for naturalization is filed under section 
2166, Revised Statutes, exempting honorably discharged soldiers from 
the necessity for filing declarations of intention and proving more than 
one year of residence in the United States in addition to good moral 
character, insert in lieu of the information regarding declaration of in- 
tention: "I am an honorably discharged soldier and apply for citizen- 
ship under section 2166, Revised Statutes. I enlisted in the (name of 

2691 



NATURALIZATION LAWS 

organization) on the (clay, month, and year)." Complete the petition 
according to paragraph (d) of this rule. 

(b) Where an alien files his petition for naturalization under the act 
of July 26, 1894, and claims exemption from the necessity for filing a 
declaration of intention on account of service in the United States Navy 
or Marine Corps, the words having reference to declaration of inten- 
tion in the petition should be struck through and in lieu thereof the fol- 
lowing inserted: "I am an honorably discharged member of the Navy 
(or member of the Marine Corps if that be the case) and apply for 
citizenship under the act of July 26, 1894. I enlisted on the (day, 
month, and year) and was discharged on the (day, month, and year)." 
Each enlistment of the applicant and his discharge therefrom should 
be shown. Complete the petition according to paragraph (d) of this 
rule. 

(c) Where an alien files petition for naturalization under the act of 
June 30, 1914, the words having reference to declaration of intention 
in the petition should be struck through, and in lieu thereof the follow- 
ing should be inserted: "I am an honorably discharged member of 
the (Navy, Marine Corps, Revenue-Cutter Service, or naval auxiliary 
service, as the case may be) and apply for citizenship under the act of 
June 30, 1914. I enlisted in the (state branch of the service) on the 
(day, month, and year) and was discharged (day, month, and year). 
Each enlistment of the applicant should be shown. The petition should 
be completed according to paragraph (d) of this rule. 

(d) In executing petitions under the three foregoing exemptions, that 
portion of the last paragraph preceding the signature of the petitioner 
relating to the declaration of intention and certificate of arrival should 
be struck through when the alien arrived on or prior to June 29, 1906. 
When the arrival was after that date, only the words "my declaration 
of intention to become a citizen of the United States and" should be 
struck through. The statement following the signature of the petitioner 
to the body of the petition should be struck through entirely in cases of 
aliens arriving on or before June 29, 1906; but for those arriving after 
that date only the words "declaration of intention" should be struck 
through, and in both cases the entry in lieu thereof should be made 
"Honorable discharge certificate of petitioner was exhibited to me this 

-day of " An appropriate note should also be entered 

upon the stub of the certificate issued to said applicant. 

(e) Certain aliens are permitted to petition for naturalization under 
the terms of the act of June 25, 1910, without proof of previous declara- 
tions of intention. Clerks of courts should state in lieu of the informa- 
tion regarding the declaration of intention "Filed under provisions of 
section 3 of the act of Congress approved June 25, 1910," and the state- 
ment following the first signature of the petitioner should be changed 
so as to read "Declaration of intention omitted under the terms of act 
of June 25, 1910." Affidavit setting forth particulars as to the reason 
for the exemption claimed must be signed and sworn to by the petitioner 
before the clerk of the court or his authorized deputy. In the event 
this form is not presented by an officer in the Naturalization Service it 
will be forwarded to the clerk of the court for use in any case to which 
it relates, upon examination of the duplicate petition in the bureau. 

(f) Petitions for naturalization under the sixth subdivision of sec- 
tion 4 may be legally filed by children of a deceased declarant only 
after such children who were minors at the time of the death of the 
father have attained their majority. Where a petition is filed by a 

2692 



NATURALIZATION LAWS 

child under the foregoing conditions, the fifth assertion should be al- 
tered to read: "My father declared his intention to become a citizen of 

the United States on the _... day of.... , A. D... , and died on 

the day of.. , A. D. " 

(g) Where a petition for naturalization is filed under this subdivision 
by the widow of a deceased declarant, the fifth assertion should be al- 
tered to correspond to the foregoing in relation to the child, with the 
exception that the word "husband" should be inserted instead of the 
word "father." 

(h) In the last two cases referred to the words in the paragraph 
immediately preceding petitioner's first signature should be altered to 
show that the father's or husband's declaration (as the case may be), 
or a certified copy thereof, is attached to the original petition, and the 
statement of the clerk of the court immediately below the first signa- 
ture of the petitioner should be changed to show the facts. If the pe- 
titioner arrived in the United States prior to June 29, 1906, the words 
in statement immediately preceding the first signature of petitioner and 
thereafter having reference to the certificate of arrival should also be 
struck through. If the petitioner arrived in the United States after 
June 29, 1906, certificate of arrival must be obtained in accordance 
with rule 5 of these regulations, and the words in the two statements 
above referred to should remain unaltered with the exception that the 
last statement should include the number of the certificate of arrival 
appearing in the upper right-hand corner thereof. 

(i) Where a petition for naturalization is filed by the widow of an 
alien, based upon her own declaration of intention, the date of her hus- 
band's demise should be shown in the fifth assertion. 

(k) Naturalization papers may be legally filed by any unmarried 
woman who is otherwise qualified, or the widow of a foreign-born per- 
son not naturalized, but not by a woman during the existence of the 
marital relation. Notation of the facts in each case should be made 
upon the face of each paper before it is issued. 

25. So far as practicable the clerks of court having jurisdiction 
under the provision of the naturalization laws will be furnished, upon 
requisition therefor on Form 2201, with appropriately addressed enve- 
lopes for communicating with the bureau. When not using such enve- 
lopes, however, all communications, in addition to the other necessary 
address, should be plainly marked "Bureau of Naturalization." 

26. Clerks of courts having jurisdiction to naturalize under the pro- 
visions of the act of June 29, 1906, are requested, in case the foregoing 
rules and regulations fail to remove from their minds doubt as to the 
proper course of action in any case, to write to the Commissioner of 
Naturalization, Bureau of Naturalization, for instructions before taking 
such action. 

(Signed) W. B. WILSON, 

Secretary. 



2693 



CONSTITUTION OF THE STATE OF IDAHO. 



The constitution was adopted by a constitutional convention held at Boise, in the 
territory <»t" Idaho, August 6, 1889, ratified by the people November 5, 1889, and approved 
by Congress July 3, 1890. (26 Stat. L. 215.) 

The text of the constitution herein follows the enrolled copy on file in the office of 
the secretary of state. 



Article 

1. Declaration of Rights. 

i'. Distribution of Powers. 

3. Legislative Department. 

4. Executive Department. 

5. Judicial Department. 

6. Suffrage and Elections. 

7. Finance and Revenue. 

8. Public Indebtedness and Subsidies. 

9. Education and School Lands. 

10. Public Institutions. 

11. Corporations, Public and Private. 



A it icle 

12. Corporations, Municipal. 

13. Immigration and Labor. 

14. Militia. 

15. Water Rights. 

16. Live Stock. 

17. State Boundaries. 

18. County Organizations. 

19. Apportionment. 
2 0. Amendments. 

21. Schedule and Ordinance. 



PREAMBLE. 

We, the people of the state of Idaho, grateful to Almighty God for 
our freedom, to secure its blessings and promote our common welfare, 
do establish this constitution. 



ARTICLE I. 
DECLARATION OF RIGHTS. 



Section 

1. Inalienable rights of man. 

2. Political power inherent in the people. 

3. State inseparable part of Union. 

4. Guaranty of religious liberty. 

5. Right of habeas corpus. 

6. Right to bail: Cruel and unusual 
punishments prohibited. 

7. Right to trial by jury. 

8. Prosecutions only by indictment or 
information. 

9. Freedom of speech. 

10. Right of assembly. 

11. Right to bear arms. 

12. Military subordinate to civil power. 



Section 

13. Guaranties in criminal actions and due 
process of law. 

14. Right of eminent domain. 

15. Imprisonment for debt prohibited. 

16. Bills of attainder, etc., prohibited. 

17. Unreasonable search and seizure pro- 
hibited. 

18. Justice to be freely and speedily ad- 
ministered. 

19. Right of suffrage guaranteed. 

2 0. No property qualifications required of 

electors. 
21. Reserved rights not impaired. 



§ 1. Inalienable rights of man. All men are by nature free and 
equal and have certain inalienable rights, among which are enjoying 
and defending life and liberty, acquiring, possessing and protecting 
property, pursuing happiness, and securing safety. 

Sheep and cattle ranges: Section 8333 



Cited: McDonald v. Doust (1905) 11 I. 
14, 22, 81 P. 60, 69L. R. A. 220, (In brief 
of counsel) Boise Assn. Credit Men v. Ellis 
(1914) 26 I. 438. 

Sunday dosing. An act prohibiting the 
keeping open on Sunday of certain places 
for business purposes (§ 8291 et seq.) 
does not violate this section. S. v. Dolan 
(1907) 13 I. 693, 92 P. 995, 14 L. R. A. 
(N. S.) 1259; Re Jacobs (1907) 13 I. 
720, 92 P. 1003. 

Life insurance loans: A law which pre- 
scribes limitations on loans on life insur- 
ance policies, including a limit on the rate 
of Interest which may be charged, does 
not contravene this section. Continental 
L. Ins. «te. Co. v. Hattabaugh (1912) 21 I. 
285, 121 P. 81. 



regarding priority of use of sheep and cat- 
tle ranges does not contravene this section. 
The legislative prohibition against herding 
sheep upon a range previously occupied by 
cattle does not deprive the sheepman of 
a right of acquiring, possessing and pro- 
tecting property. S. v. Horn (1915) 27 I. 
782, 152 P. 275; S. v. Omaechevviaria 
(1915) 27 I. 797, 152 P. 280. 

Transportation of intoxicating; liquors: 

A statute making the transportation of in- 
toxicating liquors into prohibition districts 
a misdemeanor ('09, p. 9, S. B. 62, § 25) 
does not unconstitutionally prohibit the use 
and enjoyment of one's own property, in 
contravention of this section. S. v. Cum- 
mins (1917) 30 I. 411, 165 P. 216. 



2694 



DECLARATION OF RIGHTS 



Const. I, 6 



section, but is a fundamental governmen- 
tal right recognized and adopted by the 
constitution, which can not be abrogated 
or alienated by legislative act. McDon- 
ald v. Doust (1905) 11 I. 14, 81 P. 60. 



§ 2. Political power inherent in the people. All political power is 
inherent in the people. Government is instituted for their equal pro- 
tection and benefit, and they have the right to alter, reform or abolish 
the same whenever they may deem it necessary, and no special privi- 
leges or immunities shall ever be granted that may not be altered, re- 
voked, or repealed by the legislature. 

Cited: Re Prout (1906) 12 I. 494, 86 
P. 275; S. v. Lockhart (1910) 18 I. 730, 111 
P. 853. 

County government: A county govern- 
ment is neither a special privilege nor spe- 
cial immunity within the meaning of this 

§ 3. State inseparable part of union. The state of Idaho is an in- 
separable part of the American union, and the constitution of the United 
States is the supreme law of the land. 

§ 4. Guaranty of religious liberty. The exercise and enjoyment of 
religious faith and worship shall forever be guaranteed; and no person 
shall be denied any civil or political right, privilege, or capacity on ac- 
count of his religious opinions; but the liberty of conscience hereby 
secured shall not be construed to dispense with oaths or affirmations, 
or excuse acts of licentiousness or justify polygamous or other pernic- 
ious practices, inconsistent with morality or the peace or safety of the 
state ; nor to permit any person, organization, or association to directly 
or indirectly aid or abet, counsel or advise, any person to commit the 
crime of bigamy or polygamy, or any other crime. No person shall be 
required to attend or support any ministry or place of worship, religious 
sect or denomination, or pay tithes against his consent; nor shall any 
preference be given by law to any religious denomination or mode of 
worship. Bigamy and polygamy are forever prohibited in this state, 
and the legislature shall provide by law for the punishment of such 
crimes. 



Cross ref. Religious liberty guaranteed: 
Const. XXI, 19. 

Celestial marriages: There can be no 
constitutional objection to a man believ- 
ing that the wife to whom he is married 
in this life will be his wife in the here- 
after, and there can be no objection to 
his marrying her for both "time and eter- 
nity"; but what the constitution objects 
to and forbids is a man having more than 
one wife at any one time whether he be 
united, joined or married to her by a 
celestial marriage ceremony for "all time 



and eternity" or by a purely civil marriage 
ceremony by a justice of the peace or other 
civil officer, "for time only." Toncray v. 
Budge (1908) 14 I. 621, 653, 95 P. 26. 

Sunday moving pictures: To hold that 
the use of a moving picture machine on 
Sunday for the purpose of illustrating a 
sermon or religious lecture, is keeping 
open or operating a moving picture show 
in violation of the statute (§ 8293) would 
be a construction of the statute which 
would bring it in conflict with this section. 
S. v. Morris (1916) 28 I. 599, 155 P. 296. 



§ 5. Right of habeas corpus. The privilege of the writ of habeas 
corpus shall not be suspended unless, in case of rebellion or invasion, the 
public safety requires it, and then only in such manner as shall be pre- 
scribed by law. 

§ 6. Right to bail: Cruel and unusual punishments prohibited. All 
persons shall be bailable by sufficient sureties, except for capital offen- 
ses, where the proof is evident or the presumption great. Excessive bail 
shall not be required, nor excess fines imposed, nor cruel and unusual 
punishments inflicted. 



Cited: Re Sharp (1908) 15 I. 120, 96 
P. 563, 18 L. R. A. (N. S.) 886. 

Excessive bail: The provision concern- 
ing bail has reference only to those cases 
in which the party has not yet had a trial, 
and applies to all persons prior to convic- 



tion, but does not refer to cases wherein 
a conviction has been had in a court of 
competent jurisdiction. Re Schriber (1911) 
19 I. 531, 114 P. 29, 37 L. R. A. (N. S.) 
693. 

On a charge of incest, pending appeal, 



2695 



Vol. Ill— 4 



Const. I, 7 



CONSTITUTION OF IDAHO 



after conviction, $lo,000 bail considered docs not add a cruel or unusual punish- 
excessive and reduced to $2500. S. v. Clark ment, nor can it be said to be an addi- 
(1915) 27 1. 48, 146 P. 1107. tional punishment. Re Henry (1909) 15 

Unusual punishments: The statute (§ l > 755 > 758 > " p - 1054 > 21 L - R - A - < N - S.) 
6578) making a conviction of an offense 20 7. 
grounds Cor disbarment of an attorney 

§ 7. Right to trial by jury. The right of trial by jury shall remain 
inviolate but in civil actions three-fourths of the jury may render a ver- 
dict, and the legislature may provide that in all cases of misdemeanors 
five-sixths of the jury may render a verdict. A trial by jury may be 
waived in all criminal cases not amounting to felony by the consent of 
both parties, expressed in open court, and in civil actions by the consent 
of the parties signified in such manner as may be prescribed by law. In 
civil actions and cases of misdemeanor the jury may consist of twelve or 
of any number less than twelve upon which the parties may agree in 
open court. 



Cited: Re Sharp (1908) 15 I. 120, 96 
P. 563, 18 L. R. A. (N. S.) 886; Stockton 
v. O. S. L. R. Co. (1909) 170 F. 627, 630; 
(Con. op.) S. v. Grigg (1914) 25 I. 405, 
411, 137 P. 371, 138 P. 506; (In brief of 
counsel) S. v, Hosford (19H.) 27 I. 185, 
186; Freeman v. U. S. (1915) 227 F. 732, 
745. 

Right to jury trial: The guaranty of the 
right to trial by jury simply secures that 
right as it existed at the date of the adop- 
tion of the constitution, and does not ap- 
ply to equitable cases. Christensen v. Hol- 
lingsworth (1898) 6 I. 87, 53 P. 211; 
Shields v. Johnson (1904) 10 I. 476, 79 
P. 391. 

The right to trial by jury means a trial 
free from prejudicial error by a jury 
which has not been misdirected by the 
court as to the law governing the case. 
(Con. op.) S. v. Lundhigh (1917) 30 I. 
365, 386, 164 P. 690. 

Same: Unauthorized reference: In an 

action at law the parties are entitled as 
of right to a trial by jury, and the court 
cannot refer the case against the objection 
of a party even though it requires the ex- 
amination of a long account. Russell v. 
Alt (1907) 12 I. 789, 88 P. 416. 

Same Law issues in equitable actions: 
In an action to enforce a mechanic's or 
laborer's lien, where it is shown by coun- 
terclaim or cross-complaint, that there is 
a demand for affirmative relief, either 
party is entitled to a jury trial on that 
issue, if it is in the nature of an action at 



law. Robertson v. Moore (1904) 10 I. 
115, 77 P. 218. 

Where a suit is brought in equity, and 
a cross action at law is interposed, either 
party is entitled to a jury trial of the issues 
raised by the cross action. Lindstrom v. 
Hope L. Co. (1906) 12 I. 714, 88 P. 92. 

Same: Mixed legal and equitable issues: 

In an action where it is necessary to show 
a deed absolute in form to be a mortgage, 
which issue is incidental to the main ob- 
ject which is the recovery of money, plain- 
tiff is entitled to trial before jury. Johan- 
sen v. Looney (1917) 30 I. 123, 163 P. 303. 

Eminent domain: The power of emi- 
nent domain is not an action at law within 
the uniform interpretation of that term; 
and the right to trial by jury in proceed- 
ings for condemnation does not exist as a 
constitutional right. Portneuf Irr. Co. v. 
Budge (1909) 16 I. 116, 100 P. 1046. 

No trial on plea of guilty: The word 
"trial," as used in this section means an 
issue of fact presented by a plea of the 
accused. Where the accused, with full 
knowledge of his constitutional rights, en- 
ters a plea of guilty, and presents no issue 
of fact for trial, there can be no trial and 
the conviction is the accused's admission, 
and takes the place of a verdict of a jury. 
Re Dawson (1911) 20 I. 178, 117 P. 696, 
35 L. R. A. (N. S.) 1146. 

Plea of once in jeopardy: The plea of 
once in jeopardy raises an issue of fact 
which is not demurrable and must be tried 
by a jury. S. v. Crawford, 32 I. — , 179 
P. 511. 



§ 8. Prosecutions only by indictment or information. No person 
shall be held to answer for any felony or criminal offense of any grade, 
unless on presentment or indictment of a grand jury or on information 
of the public prosecutor, after a commitment by a magistrate, except in 
cases of impeachment, in cases cognizable by probate courts or by jus- 
tices of the peace, and in cases arising in the militia when in actual 
service in time of war or public danger: Provided, That a grand jury 
may be summoned upon the order of the district court in the manner 
provided by law: and, Provided further, That after a charge has been 
ignored by a grand jury, no person shall be held to answer or for trial 
therefor upon information of the public prosecutor. 



2696 



DECLARATION OF RIGHTS 



Const. 1, 12 



Cited: S. v. Farris (1897) 5 I. 666, 51 
P. 772; S. v. Carlson (1913) 23 I. 545, 130 
P. 463; S. v. Vinn (Mont. 1914) 144 P. 773. 

Provisions self executing: This section 
is self executing; is complete in itself and 
needs no further legislation to put it into 
effect. Davis v. Burke (1900) 179 U. S. 
399, 21 S. C. R. 210, 45 L. ed. 249. 

Informations: Informations are of 
dignity with indictments, subject only to 
the limitations contained in this section, 
that a defendant may be only accused by 
information after commitment by a mag- 
istrate and that "after a charge has been 
ignored by a grand jury, no person shall 
be held to answer, or for trial therefor, 
upon information of the public prosecu- 
tor." Re Winn (1916) 28 I. 461, 154 P. 
497. 

Jurisdiction of inferior courts: Under 
this section and the statutes, magistrates 
are given jurisdiction to hold preliminary 
examinations of such criminal cases as are 
not cognizable in justice and probate 
courts, and their jurisdiction to hold pre- 
liminary examinations is limited to crimes 
only that are beyond the original jurisdic- 
tion of justice and probate courts. S. v. 
Raaf (1909) 16 I. 411, 101 P. 747. 

This section places a limitation upon the 
power of the legislature in conferring crim- 
inal jurisdiction on probate courts or jus- 
tices of the peace. Pox v. Plynn (1915) 
27 I. 580, 150 P. 44. 

Under this section the jurisdiction of 
justices of the peace and probate courts is 
limited to such cases as are by statute 
made cognizable by such courts. State v. 
Frederic (1916) 28 I. 709, 155 P. 977. 



Under this section the legislature can 
not confer upon municipalities authority 
to prohibit or punish indictable misde- 
meanors, lb. 

Preliminary examination: The district 
court has no jurisdiction to try any per- 
son for an offense by information until 
the statute regarding preliminary exam- 
inations has been complied with. S. v. 
Braithwaite (1891) 3 I, 119, 27 P. 731. 

Under this section the prosecuting attor- 
ney has no power to file an information 
against an accused person until after such 
person has been committed by a magistrate 
and he can file his information for the of- 
fense only for which the accused was com- 
mitted. S. v. McGreevey (1909) 17 I. 453, 
105 P. 1047. 

The district court has no jurisdiction to 
try a person charged with a misdemeanor 
for which a penalty is prescribed in excess 
of that which justices' and probate courts 
have jurisdiction to impose, unless the ac- 
cused has been first accorded a preliminary 
examination or has been indicted by a 
grand jury. S. v. West (1911) 20 I. 387, 
118 P. 773. 

Same: WaiA^er: The right of prelimin- 
ary examination is a right given to every 
one accused of crime, but this right may 
be waived unless prohibited by law. S. v. 
Larkins (1897) 5 I. 200, 47 P. 945. 

Order for grand jury: This section is 
not infringed by § 6545 which authorizes a 
district judge sitting in chambers, to make 
an order for the calling of a grand jury. 
S. v. Barber (1907) 13 I. 65, 88 P. 418. 



§ 9. Freedom of speech. Every person may freely speak, write and 
publish on all subjects, being responsible for the abuse of that liberty. 



Direct primary law: The provisions of 
the primary election law in regard to the 
expenditures of a person in aiding or pro- 
moting his nomination for an office in no 
manner conflict with this provision of the 
constitution. That law does not attempt 
to prevent a candidate from freely speak- 
ing, writing and publishing his views on 
all subjects. Adams v. Landson (1910) 18 
I. 483, 110 P. 280. 

Liberty of the press: The "liberty of 
the press" is not guaranteed by the con- 
stitution against the publication of delib- 
erate falsehood and misrepresentation in 



regard to decisions of courts, even though 
the publishers may think that public and 
political interests would be subserved by 
such falsehood and misrepresentation. The 
public press has no more license or right 
to publish falsehood and defamation than 
has a private individual. The liberty of 
the press is only the liberty which every 
man has to utter his sentiments, and can 
be enjoyed only in subjection to that pre- 
cept both of law and morals, "So use your 
own in order that you may not injure 
another's." McDougall v. Sheridan (1913) 
23 I. 191, 249, 128 P. 954. 



§ 10. Right of assembly. The people shall have the right to assem- 
ble in a peaceable manner to consult for their common good ; to instruct 
their representatives, and to petition the legislature for the redress of 
grievances. 

§ 11. Right to bear arms. The people have the right to bear arms 
for their security and defense ; but the legislature shall regulate the 
exercise of this right by law. 



Cited: (erroneously for I. 13) Fall 
Creek Sheep Co. v. Waton (1913) 24 I. 
760, 136 P. 438, Ann. Cas. 1915C 1253. 

L/egislative regulation: The legislature 
may regulate the exercise of the right to 



carry arms but may not prohibit it, and a 
statute which attempts to prohibit, in any 
manner, the carrying of arms in cities, is 
void. Re Brinkley (1902) 8 I. 597, 70 P. 
609. 



§ 12. Military subordinate to civil power. The military shall be 
subordinate to the civil power; and no soldier in time of peace shall be 



2697 



Const, I, 13 



CONSTITUTION OF IDAHO 



quartered in any house without the consent of its owner, nor in time of 
war except in the manner prescribed by law. 

§ 13. Guaranties in criminal actions and due process of law. In all 

criminal prosecutions, the party accused shall have the right to a speedy 
and public trial ; to have the process of the court to compel the attend- 
ance of witnesses in his behalf, and to appear and defend in person and 
with counsel. 

No person shall be twice put in jeopardy for the same offense; nor be 
compelled in any criminal case to be a witness against himself, nor be 
deprived of life, liberty or property without due process of law. 



Cited: S. v. Mulkey (1899) 6 I. 617, 59 
P. 17; Knowles v. New Sweden Irr. Dist. 
(1909) 16 I. 217, 101 P. 81; Re Dawson 
(1911) 20 I. 178, 186, 117 P. 696, 35 L,. R. 
A. (N. S.) 1146; Continental etc. Co. v. 
Hattabaugh (1912) 21 I. 285, 121 P. 81; 
S. v. Gutke (1914) 25 I. 737, 740, 139 P. 
346; Thomas v. Boise City (1914) 25 I. 
522, 539, 138 P. 1110; (In brief of coun- 
sel) Boise Assn. Credit Men v. Ellis (1914) 
26 I. 438; Murray v. P. U. C. (1915) 27 I. 
603, 623, 150 P. 47, P. U. R. 1915P 436, 
444; S. v. Anderson, 31 I. 514 f 174 P. 124, 
(in dis. op. by Morgan J.) 

Rights of accused: The constitutional 
rights of one accused of crime are not vio- 
lated by permitting- the use of depositions 
taken in the presence of the accused where 
the witness, by reason of death or other 
good cause, can not be produced on the 
trial. T. v. Evans (1890) 2 I. 651, 23 P. 
232, 7 L. R. A. 646. 

A defendant in a criminal case who vol- 
untarily takes the stand in his own behalf 
may be cross-examined on the facts in 
issue. S. v. Larkins (1897) 5 I. 200, 47 P. 
945; S. v. Gruber (1911) 19 I. 692, 708, 
115 P. 1. 

A defendant has a constitutional as well 
as a statutory right to know the offense 
with which he is charged that he may de- 
fend against that specific charge. S. v. 
Swonsen (1905) 13 I. 1, 8, 81 P. 379. 

A proceeding under § 8684 for defen- 
dant's removal from office for refusal or 
neglect to perform his official duties and to 
obtain a judgment as a penalty in the sum 
of $5 00 for the informer, is a criminal 
prosecution within the meaning of this 
section providing that no person shall be 
compelled in a criminal case to be a wit- 
ness against himself. Daugherty v. Nagel 
(1915) 28 I. 302, 154 P. 375. 

Twice in jeopardy: A statute which 
makes it an offense to escape from prison 
does not place the person so offending 
twice in jeopardy for the same offense. 
Re Mallon (1909) 16 I. 737, 742, 102 P. 
374, 22 L. R. A. (N. S.) 1123. 

Public trial: The defendant in a prose- 
cution for the crime of assault with intent 
to commit rape was not deprived of a pub- 
lic trial when the court in its discretion 
required all spectators and all persons ex- 
( ept those necessarily in attendance to re- 
tire from the court room during the trial. 
S. v. Johnson (1914) 26 I. 609, 144 P. 784. 

Due process of law: The guaranty of 
due process of law is not violated by an 
act which authorizes the summary seizure 
and destruction of gambling devices in- 
capable of use for any purpose except in 



violation of the gambling law, as such de- 
vices are not property within the meaning 
of this section. Mullen & Co. v. Moseley 
(1907) 13 I. 457, 90 P. 986, 121 A. S. R. 
277, 13 Ann. Cas. 450, 12 L. R. A. (N. S.) 
394. 

The right to due process of law requires, 
as a condition precedent to a judicial de- 
termination affecting the right to life, 
liberty or property, that personal service 
of process be obtained when practicable; 
constructive service can only be provided 
for when actual service is impracticable. 
Bear Lake Co. v. Budge (1904) 9 I. 703, 
75 P. 614, 108 A. S. R. 179. 

'03, p. 223, § 34, relative to the distribu- 
tion of water and adjudication of water 
rights, which authorizes a suit for adju- 
dication of water rights to be brought 
against "all claimants of a right to the 
use of water" of the stream in question, 
without naming the defendants, or re- 
quiring any effort for personal service on 
such defendants as might be found, denies 
to such defendants due process of law, and 
is unconstitutional on that ground. lb. 

For the state to take charge, care and 
custody of a delinquent minor, for the 
purposes of protecting, educating and 
training him, is not depriving him of his 
liberty without due process of law within 
the purview and meaning of this section. 
Re Sharp (1908) 15 I. 120, 96 P. 563, 18 
L. R. A. (N. S.) 886. 

Where a litigant is afforded the right to 
have his cause tried and determined under 
the same rules of procedure as are ap- 
plied to other similar cases he cannot 
claim that he is deprived of due process 
of law. Eagleson v. Rubin (1909) 16 I. 
92, 100 P. 735. 

Where the statute provides for an appeal 
from the decision of the state engineer, in 
a contest of a water permit, and provides 
that the appellant shall deliver personally 
or by registered mail a copy of the notice 
of appeal in the manner prescribed for the 
personal service or service by publication 
of a summons, it is sufficient notice to 
protect the rights of all parties concerned, 
and to give such persons full opportunity 
for a proper hearing in the courts estab- 
lished by the constitution of the state, and 
is due process of law. Speer v. Stephen- 
son (1909) 16 I. 707, 102 P. 365. 

Where a statute (§8148) provides full 
opportunity to every person charged with 
a violation thereof, to have the charge 
prosecuted, tried and determined in the 
court having jurisdiction of the same, un- 
der the same forms of law as are provided 
for the trial of all other crimes under the 
constitution and laws of the state, it pro- 






2698 



DECLARATION OF RIGHTS 



Const. 1, 14 



§§ 5 294-5) to close a state bank if 
on examination it is found insolvent, with- 
out awaiting judicial proceedings is not in 
conflict with this section. S. v. Title Guar- 
anty & Surety Co. (1915) 27 I. 752, 152 P. 
189, aff. 240 U. S. 136, 60 L. ed. 566, 36 
S. C. R. 345. 

Due process of law: Where a defen- 
dant's plea of once in jeopardy is not dis- 
posed of as an issue of fact triable to a 
jury, his conviction is without due pro- 
cess of law and cannot be sustained. S. v. 
Crawford, 32 I. — , 179 P. 511. 

'11, c. 170, p. 565 (§§ 7381-2) providing 
for the protection of employees who are 
discharged from employment without re- 
ceiving compensation due them from em- 
ployers is not unconstitutional as depriv- 
ing the employer of his property without 
due process of law. Olson v. Idora Hill 
Min. Co. (1916) 28 I. 504, 155 P. 291, Ann. 
Cas. 1916E 861. 

Citations under this subject are gener- 
ally to the fourteenth amendment to the 
federal constitution. 



vides due process of law. Re Mallon (1909) 
16 I. 737, 742, 102 P. 374, 22 L. R. A. (N. 
S.) 1123. 

"Due process of law" does not require 
a jury in contempt proceedings, and there 
is no necessity for calling upon a jury to 
assist the court in the exercise of that 
power. McDougall v. Sheridan (1913) 23 
I. 191, 128 P. 954. 

Section 1972, relating to the taking up of 
trespassing hogs is not repugnant to this 
section. (Ailshie, J. dissents.) Fall Creek 
Sheep Co. v. Walton (1913) 24 I. 760, 136 
P. 438, Ann. Cas. 1915C 1252. 

'11, c. 226, p. 727, providing for a ma- 
terial man's lien against logging operations, 
is unconstitutional, in that it provides for 
the taking of property without due process 
of law. (Stewart, J. dissenting.) Ander- 
son v. Great Northern (1914) 25 I. 433, 
138 P. 127, Ann. Cas. 1916C 193. 

The prohibition law, '15, c. 11, p. 42, 
does not contravene this section. Re 
Crane (1915) 27 I. 671, 151 P. 1006. 

The power conferred upon the bank 
commissioner ('11, c. 124, §§ 73-74, p. 408; 

§ 14. Right of eminent domain. The necessary use of lands for the 
construction of reservoirs or storage basins, for the purpose of irrigation, 
or for rights of way for the construction of canals, ditches, flumes or 
pipes to convey water to, the place of use, for any useful, beneficial or 
necessary purpose, or for drainage ; or for the drainage of mines, or the 
working thereof, by means of roads, railroads, tramways, cuts, tunnels, 
shafts, hoisting works, dumps, or other necessary means to their com- 
plete development, or any other use necessary to the complete develop- 
ment of the material resources of the state or the preservation of the 
health of its inhabitants, is hereby declared to be a public use, and sub- 
ject to the regulation and control of the state. 

Private property may be taken for public use, but not until a just 
compensation, to be ascertained in the manner prescribed by law, shall 
be paid therefor. 

Cited: Ida etc. Tel. Co. v. O. S. L. Ry. 
Co. (1901) 8 I. 175, 67 P. 318; Baillie v. 
Larson (1905) 138 Fed. 177; Coeur d'Alene 
M. Co. v. Woods (1908) 15 I. 26, 31, 96 
P. 210; Knowles v. New Sweden Irr. Dist. 
(1909) 16 I. 217, 231, 101 P. 81; Boise 
Valley etc. Co. v. Kroeger (1909) 17 I. 
384, 396, 105 P. 1070, 28 L. R. A. (N. S.) 
968; Mashburn v. St. Joe Imp. Co. (1910) 
19 I. 30, 113 P. 92, 35 L. R. A. (N. S.) 824; 
Montpelier M. Co. v. Montpelier (1911) 19 
I. 212, 113 P. 741; Big Lost River Irr. Co. 
v. Davidson (1912) 21 I. 160, 121 P. 88; 
Tobey v. Bridgewood (1912) 22 I. 566, 581, 
583, 127 P. 172; Murray v. P. U. C. 
(1915) 27 I. 603, 623, 150 P. 47, P. U. R. 
1915P 436, 444; Blackwell L. Co. v. Em- 
pire M. Co. (1916) 29 I. 236, 158 P. 792. 

Construed: In construing the above 
constitutional provision, this court has held 
it to be broader in its terms, and conse- 
quently entitled to receive a more liberal 
construction than constitutional provisions 
of a somewhat similar character, dealing 
with the subject of eminent domain, 
found in a majority of the various state 
constitutions. Blackwell L. Co. v. Em- 
pire Mill Co. (1916) 29 I. 421, 160 P. 265. 

While the provisions of this section are 
not self-executing, or in other words, do 



not furnish the procedure by which the 
power may be exercised, such procedure 
has been prescribed by the legislature. Pot- 
latch L. Co. v. Peterson (1906) 12 I. 769, 
88 P. 426. 

This section declares the purposes for 
which the power of eminent domain may 
be exercised, and the legislature can not 
prohibit its exercise for any of the pur- 
poses therein specified. lb. 

The determination of what should be de- 
clared to be public uses in addition to 
those specified in the constitutional pro- 
vision was not within the exclusive juris- 
diction of the legislature, and hence in the 
absence of a statute defining the same, 
the general constitutional provision would 
he held to be self-executing, and the courts 
authorized to determine whether a par- 
ticular use was within such provision. 
Wash. W. P. Co. v. Waters (1910) 186 F. 
572. 

To the extent of establishing the nature 
of the use for which privately owned prop- 
erty is necessary to the complete develop- 
ment of the material resources of the state, 
the provisions of this section of the con- 
stitution are self-executing, and the courts 
of general jurisdiction are vested with the 
power to determine, upon judicial inquiry* 



2699 



Const. 1, 14 



CONSTITUTION OF IDAHO 



Whether or not any particular use for 
Which land la BOUffht to be appropriated is 
"necessary to the complete development of 
the material resources of the state." (Mor- 
gran, J., dissents.) Blackwell L. Co. v. 
Empire Mill Co. (1916) 28 I. 556, 155 P. 
680. 

After the adoption of this section it only 
remained for the legislature to provide 
the procedure to carry into effect the pro- 
visions of said section. The legislature, 
however, might add to the public uses 
enumerated in said section, but it could 
not annul or repeal any of the uses there- 
in specified. (Morgan, J., dissents.) lb. 

While our constitutional provision omits 
the words "or damaged," which are found 
in many constitutions immediately follow- 
ing the word "taken" as it occurs in our 
constitution, the omission does not prevent 
the legislature from imposing a condition 
to that effect by statutory enactment. 
Idaho etc. Ry. v. Columbia etc. Synod 
(1911) 20 I. 568, 119 P. 60, 38 L. R. A. 
(N. S.) 497. 

Purposes for which authorized: Under 
our constitution the authority to exercise 
the right of eminent domain has been ex- 
tended and made broader than the right 
in many of the states, and is not made to 
depend upon the narrow and restricted 
meaning of the phrase "public use" as de- 
fined by the courts of last resort of some 
of the other states. Connolly v. Woods 
(1907) 13 I. 591, 92 P. 573. 

The furnishing of electricity for lighting, 
transportation, power and other purposes, 
is a public use for which land may be 
taken. Hollister v. S. (1903) 9 I. 8, 71 P. 
541. 

The lumbering interest of the state is 
one of its material resources in behalf of 
which the power of eminent domain may 
be invoked. Potlatch L. Co. v. Peterson 
(1906) 12 I. 769, 88 P. 426. 

The necessary use of lands for the com- 
plete development of the material re- 
sources of the state is declared to be a 
public use, and in determining what is a 
public use the general welfare and benefit 
of the public is to be taken into considera- 
tion. The term, "public use," means pub- 
lic usefulness and productive of general 
benefit. The term is a flexible one and 
grows as new public uses are developed 
so as to make it capable of meeting new 
conditions and improvements of the ever 
increasing necessities of society. lb. 

This section recognizes the right of the 
legislature to provide for laying out pri- 
vate roads or pentways for the use of any 
one who may desire to use them as pro- 
vided for in R. S. § 933. Latah Co. v. 
Peterson (1892) 3 I. 398, 29 P. 1089. The 
owner of land is guaranteed the right to 
have opened a private road giving him ac- 
cess to the highway. Latah Co. v. Has- 
further (1907) 12 I. 797, 88 P. 433. 

A corporation organized to generate and 
furnish electric energy is authorized to ex- 
ercise right of eminent domain, though it 
furnishes electricity for distribution by 
other persons and corporations. Wash. 
W. P. Co. v. Waters (1910) 186 F. 572. 

The construction of a dam and the rais- 
ing the same to such a height as to in- 
crease the height of the waters for stor- 



age purposes to be used in the low water 
season for power purposes is a public use. 
Wash W. P. Co. v. Waters (1911) 19 I. 
596, 115 P. 682. 

This section does not limit the "necessary 
use of lands" for "the construction of res- 
ervoirs or storage basins" to the "purposes 
of irrigation" alone, but confers the power 
and authority to condemn any lands for 
reservoirs or storage basins "for any use- 
ful, beneficial or necessary purpose" to 
which water can be used or applied or for 
which it can be stored or impounded. 
Wash. W. P. Co. v. Waters (1911) 19 I. 
595, 115 P. 682. 

Grant by the state of an easement for 
a reservoir on state lands under this sec- 
tion is not such a sale as contemplated by 
Const. IX, 8, and does not convey the legal 
title, but leaves the fee-simple title to the 
land in the state. (Budge, J., dissents.) 
Idaho-Iowa etc. Co. v. Fisher (1915) 27 I. 
695, 151 P. 998. 

Under the provisions of this section the 
right of eminent domain is permitted on 
the theory of a public use for the "com- 
plete development of the material re- 
sources of the state," even where the pub- 
lic may have no direct interest in the exer- 
cise of the right of eminent domain and the 
main end of which is private gain, and 
where the benefit to the people at large 
could result indirectly and incidentally 
only from the increase of wealth and the 
development of those material resources. 
(Morgan, J., dissents.) Blackwell L. Co. 
v. Empire Mill Co. (1916) 28 I. 556, 155 
P. 680. 

Temporary logging road: Where a tem- 
porary logging road is necessary to the 
complete development of the material re- 
sources of the state, the necessary use of 
land for a right of way is a "public use," 
and may be acquired as provided by the 
statute. (Morgan, J., dissents.) lb. 

Property devoted to or held for a public 
use is subject to the power of eminent do- 
main if the right to take it is given by con- 
stitutional provision or legislative enact- 
ment in express terms or by clear impli- 
cation, but it can not be taken to be used 
for the same purpose to which it is already 
applied or for which it is being held, if by 
so doing that purpose will be defeated. 
Marsh M. Co. v. Inland Empire M. & M. 
Co. (1916) 30 I. 1, 165 P. 1128. 

Those using water for domestic purposes 
have the preference over those claiming for 
any other purpose, but the usage for such 
superior purpose is subject to provisions of 
constitution regulating taking of private 
property for public use. Basinger v. 
Taylor (1917) 30 I. 289, 164 P. 522. 

Condemnation proceedings: The provi- 
sions of § 7420 for the appointment of com- 
missioners to assess damages that the de- 
fendant will sustain by reason of the con- 
demnation and appropriation of his prop- 
erty, and for the payment of the sum so 
assessed to the defendant, or, in case of his 
refusal to accept the same, its being paid 
into court to abide the result of the ac- 
tion, and for the plaintiff thereupon to 
enter upon and take possession of the 
property pending the final hearing and de- 
termination of the proceeding, are not in 
conflict with this section. Portneuf Irr. 



2700 



DECLARATION OF RIGHTS 



Const. 1, 18 



he expects to erect to entitle him to main- 
tain his condemnation proceedings. Idaho 
etc. Ry. v. Columbia etc. Synod (1911) 20 
I. 568, 119 P. 60, 38 L». R. A. (N. S.) 497. 
Property can not be condemned without 
due notice of proceedings and an act 
which fails to provide such notices is void. 
Thomas v. Boise City (1914) 25 I. 522, 
138 P. 1110. 

Public utilities: The right of eminent 
domain is not conclusive that the person 
exercising it is a public utility and as such 
under the jurisdiction of the public util- 
ities commission. Washington W. P. Co. 
v. Montana P. Co. 3 I. P. U. C. 96, 106, 
P. U. R. 1916E 144, 163. 



Co. v. Budge (1909) 16 I. 116, 100 P. 
1046. The land owner is getting just what 
the constitution guarantees him whenever 
he is tendered and accepts the award 
made by the commissioners. Pyle v. "Woods 
(1910) 18 I. 674, 111 P. 746. The con- 
demnor has no right to the possession of 
the land sought to be condemned until he 
first pays such just compensation as may 
be ascertained in the manner prescribed 
by law. Ryan v. Weiser Valley L. & W. 
Co. (1911) 20 I. 288, 118 P. 769. 

The condemnor must disclose the pur- 
pose for which he is seeking to condemn 
the -property and the general nature and 
character of the improvement or structure 

§ 15. Imprisonment for debt prohibited. There shall be no impris- 
onment for debt in this state except in cases of fraud. 

§ 16. Bills of attainder, etc., prohibited. No bill of attainder, ex 
post facto law, or law impairing the obligation of contracts, shall ever 
be passed. 

from employment without receiving com- 
pensation due them from employers is 
not unconstitutional as impairing the obli- 
gation of contracts. Olson v. Idora Hill 
Min. Co. (1916) 28 I. 504, 155 P. 291. 

Police power: A municipal corporation 
cannot question the right of the state to 
exercise its police power in the regulation 
of rates on the ground that by so doing it 
would impair the obligation of a contract. 
Sandpoint W. etc. Co. v. Sandpoint, 31 I. 
498, 173 P. 972. 

§ 17. Unreasonable searches and seizures prohibited. The right of 
the people to be secure in their persons, houses, papers and effects 
against unreasonable searches and seizures shall not be violated; and 
«o warrant shall issue without probable cause shown by affidavit, par- 
ticularly describing the place to be searched and the person or thing to 
be seized. 



Cited: Barton v. Alexander (1915) 27 
I. 286, 300, 148 P. 471, Ann. Cas. 1917D 
729. 

Test oath: The act of Feb. 26, 1891, 
prescribing a test oath as a condition of 
suffrage is not an ex post facto law or 
bill of attainder within the prohibitions of 
this section. Shepherd v. Grimmett (1892) 
3 I. 403, 31 P. 793. 

Employees' wage act: '11, c. 170, p. 
565 (§§ 7381-2), providing for the pro- 
tection of employees who are discharged 



Cited: S. v. Mulkey (1899) 6 I. 617, 59 
P. 17; Mullen & Co. v. Moseley (1907) 13 
I. 457, 90 P. 896, 121 A. S. R. 277, 13 Ann. 
Cas. 450, 12 L. R. A. (N. S.) 394; Gillesby 
v. Comrs. of Canyon Co. (1910) 17 I. 586, 



107 P. 71; Re Davis (1913) 23 I. 473, 130 
P. 786; Federal M. etc. Co. v. P. U. C. 
(1914) 26 I. 391, 143 P. 1173; S. v. Ander- 
son, 31 I. 514, 174 P. 124 (in dis, op. by 
Morgan, J.). 



§ 18. Justice to be freely and speedily administered. Courts of jus- 
tice shall be open to every person, and a speedy remedy afforded for 
every injury of person, property or character, and right and justice shall 
be administered without sale, denial, delay, or prejudice. 



Cited: (Con. op.) Heitman v. Morgan 
(1905) 10 I. 562, 79 P. 225; (In brief of 
counsel) S. v. Barber (1907) 13 I. 65; (In 
brief of counsel) Connolly v. Woods (1907) 
13 I. 591; Re Sharp (1908) 15 I. 120, 96 
P. 563, 18 L. R. A. (N. S.) 886; Ex parte 
Ellis (Okla. 1909) 105 P. 187; (In brief 
of counsel) Roberts v. Kartzke (1910) 18 
I. 552; (In brief of counsel) Shaw v. Mar- 
tin (1911) 20 I. 168. 

Allowance of attorney's fees: This pro- 
vision is not violated by that part of the 
mechanics'- lien law of 1899 which author- 
izes a recovery of a reasonable attorney's 
fees. Thompson v. Wise Boy Min. Co. 
(1903) 9 I. 363, 74 P. 958. 

Prejudice of judge: This section is 
self-acting and self-executing and can 
not be nullified by the legislature 
either by its neglect to act on the subject, 



or by positive legislation, and the preju- 
dice of the trial judge against one of the 
parties to a cause is ground for a change of 
venue in view of the provisions of this 
section, although the statutes do not enum- 
erate that cause as one of the grounds for 
a change of venue. (Stockslager, C. J., 
dissents.) Day v. Day, 12 I. 556, 86 P. 
531, 10 Ann. Cas. 260. 

The prejudice of a judge contemplated 
by this section is a prejudice that is direct- 
ed against the party litigant, and is of 
such nature and character as would ren- 
der it improbable that the presiding judge 
could or would give the litigant a fair and 
impartial trial in the particular case pend- 
ing. Bell v. Bell (1910) 18 I. 636, 111 P. 
1074. 

Taxpayers as ratemakers: The fact that 
R. C. § 2839, which provided for the ap- 



2701 



Const. I, 19 



CONSTITUTION OF IDAHO 



.Misconduct of prosecutors: Every per- 
son charged with crime is entitled to a 
fair and impartial trial and when prose- 
cuting officers undertake to prejudice a 
defendant's case, a new trial will be grant- 
ed. S. v. Clark (1915) 27 I. 48, 70, 146 P. 
1107. 



pointment «»f a commission for the pur- 
pose of fixing rates to be charged water 
consumers, required that such commission- 
ers shall be "taxpayers of the city," did 
not render the statute obnoxious to either 
the state or federal constitution on the 
ground that it did not provide an impar- 
tial and unprejudiced tribunal. Pocatello 
v. Murray (1912) 21 I. 180, 120 P. 812. 

§ 19. Right of suffrage guaranteed. No power, civil or military, 
shall at any time interfere with or prevent the free and lawful exercise 
of the right of suffrage. 

Construed: This section has reference interfering with the free and lawful exer- 
to the attendance of officers, civil or mili- cies of the right of suffrage. Adams v. 
tary, at the polls, and prohibits them from Lansdon (1910) 18 I. 483, 110 P. 280. 

§ 20. No property qualification required of electors. No property 
qualification shall ever be required for any person to vote or hold office 
except in school elections or elections creating indebtedness. 

Walker (1911) 20 I. 605, 119 P. 304; Bis- 
sett v. Pioneer Irr. Dist. (1912) 21 I. 98, 
120 P. 461. 

Drainage district elections: An act mak- 
ing the ownership of real estate within 
the limits of a drainage district the only 
qualification for voters is in violation of 
the constitution. Perbrache v. Drainage 
Dist. (1912) 23 I. 85, 128 P. 553, 44 L. R. 
A. (N. S.) 538, Ann. Cas. 1915C, 43. 



Municipal bond elections: This section 
authorizes the imposition, in a municipal 
charter, of a property qualification on the 
right to vote on a proposition for the in- 
currence of an indebtedness. Wiggin v. 
Lewiston (1902) 8 I. 527, 69 P. 286. 

Irrigation district elections: An act fix- 
ing a property qualification for voters at 
irrigation district election s other than 
elections creating indebtedness is in viola- 
tion of this section. Pioneer Irr. Dist. v. 

§ 21. Reserved rights not impaired. This enumeration of rights 
shall not be construed to impair or deny other rights retained by the 
people. 

Cited: Continental etc. Co. v. Hatta- 
baugh (1912) 21 I. 285, 121 P. 81. 

Monopolies and trusts: One of these 
rights retained by the people is that the 
legislature shall not enact laws for the 
conduct of the business of the state in 
making purchases for the counties of the 



state that will create a monopoly or trust 
and require the people to pay much more 
for county printing and supplies than they 
would otherwise have to pay and thus op- 
press the taxpayer. Re Gemmill (1911) 
20 I. 732, 119 P. 298, 41 L. R. A. (N. S.) 
711, Ann. Cas. 1913A, 76. 



ARTICLE II. 

DISTRIBUTION OF POWERS. 

Section 
1. Departments of government. 

§ 1. Departments of government. The powers of the government 
of this state are divided into three distinct departments, the legislative, 
executive and judicial; and no person or collection of persons charged 
with the exercise of powers properly belonging to one of these depart- 
ments, shall exercise any powers properly belonging to either of the 
others, except as in this constitution expressly directed or permitted. 



Cited: Re Huston (1915) 27 I. 231, 147 
P. 1064. 

Power of appointment: This section is 
not infringed by '99, p. 345, which em- 
powers the governor to appoint a state 
board of medical examiners, and to fill 
vacancies in the board, without the con- 
sent of the senate. Re Inman (1902) 8 I. 
398, 69 P. 120. 

An act, '13, c. 16, p. 58 (§ 4500) authoriz- 
ing the district judge of the judicial district 
in which a drainage district is located to 
appoint the drainage commissioners for 
the district, is not in violation of the con- 
stitution, and is not an infringement by 
the judicial department of the state gov- 



ernment upon the functions of the execu- 
tive branch of the government. Elliott v. 
McCrea (1913) 23 I. 524, 130 P. 785. 

Any one of the three departments of 
government may, under the authority of a 
statute, appoint for any class of office in 
any of the three governmental depart- 
ments. Ingard v. Barker (1915) 27 I. 124, 
147 P. 293. 

R. C. § 1310 providing for board of horti- 
cultural inspection does not violate this 
provision of the constitution. lb. 

Limitation on judiciary: The judicial 
department can not attempt to prohibit 
either of the other departments of gov- 
ernment from acting within the recognized 



2702 



LEGISLATIVE DEPARTMENT 



Const. Ill, 2 



scope of their respective branches of the 
government, but may inquire into the 
legal effect of such action after it has 
been taken. Stein v. Morrison (1904) 9 I. 
426, 75 P. 246. 

State engineer an administrative officer: 

The act of '03, p. 223, which provides that 
a contest may be brought against the per- 
mit issued for the appropriation of waters 
and vests in the state engineer the power 
to cancel such permit, does not vest in the 
state engineer judicial power in contraven- 



tion of this section, but the acts of the 
state engineer thereunder are purely ad- 
ministrative, even though they include 
some quasi-judicial powers such as may be 
conferred on a ministerial officer. Speer 
v. Stephenson (1909) 16 I. 707, 102 P. 365. 
Legislative commission: A commission 
created by joint resolution of the legis- 
lative bodies can exercise no executive 
functions. Balderston v. Brady (1910) 17 
I. 567, 107 P. 493. 



ARTICLE III. 
LEGISLATIVE DEPARTMENT. 



Section 



1. Legislative power: Enacting clause: 
Referendum: Initiative. 

2. Membership of house and senate. 

3. Term of office. 

4. Apportionment of legislature. 

5. Senatorial and representative dis- 
tricts. 

6. Qualifications of members. 

7. Privilege from arrest. 

8. Sessions of legislature. 

9. Powers of each house. 

10. Quorum, adjournments and organiza- 
tion. 

11. Expulsion of members. 

12. Secret sessions prohibited. 

13. Journal. 



Section 

14. Origin and amendment of bills. 

15. Manner of passing bills. 

16. Unity of subject and title. 

17. Technical terms to be avoided. 

18. Amendments to be published in full. 

19. Local and special laws prohibited. 

20. Lotteries not to be authorized. 

21. Signature of bills and resolutions. 

22. When acts take effect. 

23. Compensation and mileage of mem- 
bers. 

24. Promotion of temperance and moral- 
ity. 

25. Oath of office. 

26. Prohibition of intoxicating liquors. 



§ 1. Legislative power: Enacting clause: Referendum: Initiative. 

The legislative power of the state shall be vested in a senate and house 
of representatives. The enacting clause of every bill shall be as follows : 
"Be it enacted by the Legislature of the State of Idaho. " 

The people reserve to themselves the power to approve or reject at 
the polls any act or measure passed by the legislature. This power is 
known as the referendum, and legal voters may, under such conditions 
and in such manner as may be provided by acts of the legislature, de- 
mand a referendum vote on any act or measure passed by the legislature 
and cause the same to be submitted to a vote of the people for their 
approval or rejection. 

The people reserve to themselves the power to propose laws, and 
enact the same at the polls independent of the legislature. This power 
is known as the initiative, and legal voters may, under such conditions 
and in such manner as may be provided by acts of the legislature, initiate 
any desired legislation and cause the same to be submitted to the vote 
of the people at a general election for their approval or rejection pro- 
vided that legislation thus submitted shall require the approval of a 
number of voters equal to a majority of the agregate vote cast for the 
office of governor at such general election to be adopted. 



Hist. As originally adopted the section 
consisted of the first paragraph. The sec- 
ond paragraph, relating to the referen- 
dum, is amendment No. 15, proposed '11, 
p. 786, S. J. R. 12; the third paragraph 
relating to the initiative is amendment No. 



16, proposed '11, p. 787, S. J. R. 13; both 
adopted Nov. 5, 1912, effective Nov. 25, 
1912, '13, p. 675. 

{Cited: People v. Alturas Co. (1899) 6 
I. 418, 55 P. 1067. 



§ 2. Membership of house and senate. The senate shall consist of 
one member from each county of the state now created or hereafter to 
be created and the house of representatives shall consist of not to exceed 
three times the number of senators. The senators shall be chosen by 
the electors of the respective counties and the representatives shall be 



2703 



Const. Ill, 3 



CONSTITUTION OF IDAHO 



chosen by the electors of the respective counties or districts into which 
the state may from time to time be divided by law. 



Hist. Amendment No. 18, proposed '11, 
p. Tss, H. J. R. 13, adopted Nov. 5, 1912; 
effective Nov. 25, 1912, '13, p. 676. 

Thf section originally read: 

$ '2. The senate shall consist of eighteen 
members and the house of representatives 
of thirty-six members. The legislature 
may increase the number of senators and 



representatives: Provided, The number of 
senators shall never exceed twenty-four, 
and the house of representatives shali 
never exceed sixty members. The senators 
and representatives shall be chosen by the 
electors of the respective counties or dis- 
tricts into which the state may from time 
to time be divided by law. 



§ 3. Term of office. The senators and representatives shall be elect- 
ed for the term of two years, from and after the first day of December 
next following the general election. 

§ 4. Apportionment of legislature. The members of the first legis- 
lature shall be apportioned to the several legislative districts of the state 
in proportion to the number of votes polled at the last general election 
for delegate to congress, and thereafter to be apportioned as may be 
provided by law: Provided, Each county shall be entitled to one repre- 
sentative. 



Apportionment acts: The act of '91, p. 
195, which, in providing for the apportion- 
ment of the legislature, accorded repre- 
sentation to two counties created by an 
act subsequently declared to be unconsti- 
tutional, and omitted to provide represen- 
tation for the counties from which the two 
created counties were organized, is uncon- 
stitutional. Ballentine v. Willey (1893) 3 
I. 496, 31 P. 994. 

An act creating a new county is not un- 



constitutional on the theory that it de- 
prives the electors of the new county of 
the representation to which they are en- 
titled by this section, as, in the absence of a 
new apportionment act, the electors of the 
new county are entitled to a voice in the 
election of the senator and representatives 
of the county from which the new county 
was created, and with which it previously 
constituted a legislative district. Sabin v. 
Curtis (1893) 3 I. 662, 32 P. 1130. 



§ 5. Senatorial and representative districts. A senatorial or repre- 
sentative district, when more than one county shall constitute the same, 
shall be composed of contiguous counties and no county shall be divided 
in creating such districts. 



Cross ref. Under amendment to § 2 
above each county constitutes a senatorial 
district. 

Application: This section applies to an 
apportionment law and not to an act cre- 
ating a new county; and, in any event, 



such an act is not obnoxious to the provi- 
sion where the county so created is within 
the same senatorial and representative dis- 
tricts in which its territory was situated 
prior to its creation. Sabin v. Curtis (1893) 
3 I. 662, 32 P. 1130. 



§ 6. Qualifications of members. No person shall be a senator or 
representative who at the time of his election is not a citizen of the United 
States and an elector of this state, nor anyone who has not been for one 
year next preceding his election an elector of the county or district 
whence he may be chosen. 

§ 7. Privilege from arrest. Senators and representatives, in all cases 
except for treason, felony, or breach of the peace, shall be privileged 
from arrest during the session of the legislature, and in going to and 
returning from the same, and shall not be liable to any civil process 
during the session of the legislature, nor during the ten days next before 
the commencement thereof; nor shall a member for words uttered in de- 
bate in either house be questioned in any other place. 

§ 8. Sessions of legislature. The sessions of the legislature shall, 
after the first session thereof, be held biennially, at the capital of the 
state, commencing on the first Monday after the first day of January, 
and every second year thereafter, unless a different day shall have been 
appointed by law, and at other times when convened by the governor. 

Cited: Goodnight v. Moody (1891) 3 I. 
7, 26 P. 121. 

§ 9. Powers of each house. Each house when assembled shall 
choose its own officers, judge of the election, qualifications, and returns 



2704 



LEGISLATIVE DEPARTMENT 



Const. Ill, 13 



of its own members, determine its own rules of proceeding, and sit upon 
its own adjournments; but neither house shall, without the concurrence 
of the other, adjourn for more than three days, nor to any other place 
than that in which it may be sitting. 



Construction: The provision of this 
section that each house is to determine its 
own rules of procedure, is not a control- 
ling provision of the constitution and is 



not to be taken literally, but is to be con- 
strued in connection with III, 15. Cohn 
v. Kingsley (1897) 5 I. 416, 49 P. 985, 38 
L. R. A. 74. 



§ 10. Quorum, adjournments and organization. A majority of each 
house shall constitute a quorum to do business, but a smaller number 
may adjourn from day to day, and may compel the attendance of absent 
members in such manner and under such penalties as such house may 
provide. A quorum being in attendance, if either house fails to effect 
an organization within the first four days thereafter, the members of the 
house so failing shall be entitled to no compensation from the end of the 
said four days until an organization shall have been effected. 

§ 11. Expulsion of members. Each house may, for good cause 
shown, with the concurrence of two-thirds of all the members, expel a 
member. 

§ 12. Secret sessions prohibited. The business of each house, and 
of the committee of the whole, shall be transacted openly and not in 
secret session. 

§ 13. Journal. Each house shall keep a journal of its proceedings; 
and the yeas and nays of the members of either house on any question, 
shall at the request of any three members present, be entered on the 
journal. 



Contents of journal: The journal of 

both houses of the legislature must affirma- 
tively show that the provisions of the con- 
stitution were substantially followed by 
the legislature in the passage of an act, 
the validity of which is questioned. Cohn 
v. Kingsley (1897) 5 I. 416, 49 P. 985, 38 
L. R. A. 74. 

And the failure of the journal to show 
compliance with the constitution is con- 
clusive evidence of noncompliance. lb. 
(Overruled Re Drainage Dist. No. 1, be- 
low.) 

Unless the journal shows affirmatively 
that the legislature has failed to comply 
with each step required to be taken in the 
passage of an act under the provisions of 
the constitution, the presumption is that 
the legislature did comply with all of such 
provisions. (Overruling Cohn v. Kings- 
ley, above.) Re Drainage Dist. No. 1 
(1914) 26 I. 311, 143 P. 299, L. R. A. (N. 
S.) 1915A 1210. 

A vote on the final passage of any bill, 
or on the suspension of the provision 
of the constitution which requires the 
reading of bills on three several days, or on 
the expulsion of a member, whether de- 
manded by three members or not, must be 
by yeas and nays, and entered in the jour- 
nal. Cohn v. Kingsley (1897) 5 I. 416, 
49 P. 985, 38 L. R. A. 74. Sullivan, C. J., 
dissents from these propositions and holds 
that only such matters as are expressly 
required by the constitution to be entered 
in the journal need be so entered; that the 
yea and nay vote need not be entered un- 
less requested by three members, and that 
a law is not invalid because of the jour- 
nal's failure to show compliance with con- 



stitutional provisions not required to be 
entered on the journal. lb. This dis- 
senting opinion was upheld in the later 
case of Re Drainage Dist. No. 1 (1914) 26 
I. 311, 143 P. 299, D. R. A. (N. S.) 1915A 
1210. 

Conclusiveness of journal: The court 
will not go behind the journal of the leg- 
islature to ascertain what is done by that 
body; the journal itself is conclusive, and 
if incorrectly or improperly made up, it 
is for the legislature and not the court, to 
correct the same. Burkhart v. Reed (1889) 
2 I. 503, 22 P. 1, aff 134 U. S. 361, 10 S. 
C. R. 573, 33 L. ed. 945. The journal is 
not only the best, but the exclusive evi- 
dence of what was done by the legislature 
in passing bills, and absolute verity will be 
imputed thereto by the courts. Cohn v. 
Kingsley (1897) 5 I. 416, 49 P. 985, 38 L. 
R. A. 74. 

Consideration by court: The court may 
go back of the enrolled bill and examine 
the journals of the respective houses of 
the legislature in order to ascertain 
whether the requirements of the constitu- 
tion were obeyed in the passage of an act 
which is questioned. Cohn v. Kingsley 
(1897) 5 I. 416, 49 P. 985, 38 L. R. A. 74; 
Swain v. Fritchman (1912) 21 I. 783, 125 
P. 319. 

Before a court will assume to pass upon 
the constitutionality of the enactment of 
a statute by the legislature, it must have 
before it a copy of the original journals 
showing the whole record of the enact- 
ment, duly certified by the secretary of 
state; the want of such a journal can not 
be supplied by stipulation of counsel. S. 
v. Boise (1897) 5 I. 519, 51 P. 110. 



2705 



Const. Ill, 14 



CONSTITUTION OF IDAHO 



§ 14. Origin and amendment of bills. Bills may originate in either 
house, but may be amended or rejected in the other, except that bills 
for raising revenue shall originate in the house of representatives. 

Cited: Cohn v. Kingsley (1897) 5 I. 
416, 49 P. 985, 3S L. R. A. 74. 

Passage of amend"* cuts ; The fact that 
the house amended the title to a bill, and 



does not render the act void, where the 
amendment to the title consisted merely in 
striking out a certain clause applicable to 
a portion of the act which had been left 
out by the senate amendments, afterwards 
concurred in by the house, and which did 
not appear in the act a3 finally passed. 
S. v. Doherty (1892) 3 I. 384, 29 P. 855. 



then failed to return the bill to the sen- 
ate for Its concurrence in the amendment, 
but referred the same to the committee on 
enrollment, and that it was thereupon pre- 
sented to the governor for his approval, 

§ 15. Manner of passing bills. No law shall be passed except by 
bill, nor shall any bill be put upon its final passage until the same, with 
the amendments thereto, shall have been printed for the use of the 
members; nor shall any bill become a law unless the same shall have 
been read on three several days in each house previous to the final vote 
thereon : Provided, In case of urgency, two-thirds of the house wherei 
such bill may be pending may, upon a vote of the yeas and nays, dis- 
pense with this provision. On the final passage of all bills they shall 
be read at length, section by section, and the vote shall be by yeas and 
nays upon each bill separately, and shall be entered upon the journal; 
and no bill shall become a law without the concurrence of a majority 
of the members present. 



Cited: Adelman v. Pierce (1898) 6 I. 
294, 55 P. 658; Jack v. Grangeville 
(1903) 9 I. 291, 74 P. 969; Swain v. Fritch- 
man (1912) 21 I. 785, 789, 125 P. 319. 

Application: Constitutional amendments: 
The power of the legislature to propose 
amendments to the constitution is not gov- 
erned by the provisions of this section. 
Hays v. Hays (1897) 5 I. 154, 47 P. 732. 

Same: Joint resolution: A joint resolu- 
tion unless enacted in the manner pro- 
vided for the enactment of a law, will have 
no force or effect as law. Balderston v. 
Brady (1910) 17 I. 567, 107 P. 493; Hailey 
v. Huston (1913) 25 I. 165, 136 P. 212; 
Griffith v. Van Dusen (1917) 31 I. 136, 
169 P. 929. 

Passage of amended bills: A bill, with- 
in the contemplation of the constitution, 
means a draft of a proposed law and noth- 
ing else, and includes all amendments 
which are incorporated therein up to the 
time of its passage. Therefore, amend- 
ments, when offered and accepted, must 
be printed with the bill, and the whole bill 
as amended must be read on three several 
davs. Cohn v. Kingsley (1897) 5 I. 416, 
49 P. 985, 38 L. R. A. 74. Sullivan, C. J., 
dissents and holds that amendments to a 
bill need not be read on three several days 
in each house, as required in case of bills 
by this section. lb. See Re Drainage 
Dist. No. 1 (1914) 26 I. 311, 143 P. 299, 
L. R. A. (N. S.) 1915A 1210. 

A bill which passes one house, and which 
is materially changed by amendment by 
the other house, and then sent back to 
the house where it originated, must go 
through the same procedure as to reading 
and final vote as if it were an original bill. 
The mere declaration that "we concur in 
the house amendments" does not answer 
the requirements of the constitution. Cohn 
v. Kingsley, above. 



Where the journal record of a bill shows 
that it was read the first and second time 
on different days, and after the second 
reading amendments were adopted, the 
first and second reading of which on dif- 
ferent days was dispensed with under the 
constitution, and the amendments were 
read a first and second time on the same 
day, and printed, and the bill as amended 
was thereafter read at length section by 
section and the yea and nay vote taken 
thereon and entered upon the journal, it 
is a compliance with the provisions of this 
section, (On rehearing) Tarr v. Western 
etc. Co. (1909) 15 I. 751, 99 P. 1049, 21 L. 
R. A. (N. S.) 707. 

Application of proviso: The proviso to 
this section applies only to the last clause 
the preceding proviso, and it does not au- 
thorize the legislature to dispense with the 
introduction of a proposed law by bill, 
nor with printing the bill, but simply 
authorizes it to dispense with the 
necessity of taking six days for the passage 
of a bill, and to pass the same in one day, 
in case of urgency requiring such action. 
Cohn v. Kingsley, above. 

The constitutional provision requiring 
the printing and reading of the bills on 
three several days is mandatory, and such 
readings can not be dispensed with ex- 
cept in "case of urgency" and then only 
on an aye and nay vote by two thirds of 
the house voting with reference to only 
one bill before it; the provision can not 
be suspended generally. lb. 

The legislature has no power to dispense 
with the final reading of the bill, section 
by section, and an act not read section by 
section, at least on the final reading, is 
void. Brown v. Collister (1897) 5 I. 589, 
51 P. 417. 

To "read in full" means to read from the 
beginning to the end without abridgement 
or omission, and if so, the bill is read at 



2706 






LEGISLATIVE DEPARTMENT 



Const. Ill, 16 



length, section by section. (On rehearing) 
Tarr v. Western etc. Co. (1909) 15 I. 751, 
99 P. 1049, 21 L. R. A. (N. S.) 707. 

Journal entries: Where the constitution 
has expressly required the journals to show 
the actions taken, as, for instance, where it 
requires the yeas and nays to be entered, 
then such entries must clearly appear. Re 



Drainage District No. 1 (1914) 26 I. 311, 
143 P. 299, L. R. A. (N. S.) 1915A 1210. 

Unless the journal shows affirmatively 
that the legislature has failed to comply 
with each step required to be taken in the 
passage of an act under the provisions of 
the constitution, the presumption is that 
the legislature did comply with all of such 
provisions. lb. 



§ 16. Unity of subject and title. Every act shall embrace but one 
subject and matters properly connected therewith, which subject shall 
be expressed in the title ; but if any subject shall be embraced in an act 
which shall not be expressed in the title, such act shall be void only as 
to so much thereof as shall not be embraced in the title. 



Cited: S. v. Mulkey (1899) 6 I. 617, 59 
P. 17; Re Sharp (1908) 15 I. 120, 96 P. 
563; Lewis v. Brady (1909) 17 I. 251, 255, 
104 P. 900, 28 L. R. A. (N. S.) 149; Gilles- 
by v. Comrs. of Canyon Co. (1910) 17 I. 
586, 606, 107 P. 71. 

Application to constitutional amend- 
ments: It is not essential that the subject 
of a proposed constitutional amendment 
should be expressed in its title. A pro- 
posed amendment need not have any title 
except that it should designate the article 
of the constitution to be amended. Hays 
v. Hays (1897) 5 I. 154, 47 P. 732. 

Application to code: After a law has 
been adopted as a part of the entire body 
of law of the state, and incorporated in 
the code of laws of the state, it is too late 
to raise the question of the sufficiency of 
the title, and the requirement of this pro- 
vision of the constitution has no applica- 
tion. Anderson v. Great Northern Railway 
(1914) 25 I. 433, 138 P. 127, Ann. Cas. 
1916C 191. 

General construction: The generality of 
a title to a bill is no objection to it, so 
long as it is not made to cover legislation 
incongruous in itself, which, by no fair 
intendment, can be considered as having 
a necessary or proper connection with it. 
Pioneer Irr. Dist. v. Bradley (1902) 8 I. 
310, 68 P. 295, 101 A. S. R. 201; Shoshone 
Highway Dist. v. Anderson (1912) 22 I. 
109, 125 P. 219. 

The courts must give a liberal construe-? 
tion to the language used by the legislature 
in framing the title to any given act which 
it may pass. Turner v. Coffin (190 3) 9 I. 
338, 74 P. 962. 

The intention of this provision was to 
require a title sufficiently definite and com- 
prehensive to indicate, to one reading it, 
the general scope and purpose of the leg- 
islation intended by the act, and if the 
title be sufficient for that purpose, it will 
be held to include all necessary and inci- 
dental legislation required to make the 
general purpose of the act operative. lb. 

Where the title to an amendatory act 
refers to an educational corporation as 
an "independent school district" and the 
body of the act refers to it as an "inde- 
pendent district," the omission of the word 
"school" is an immaterial variance. How- 
ard v. Ind. Sch Dist. (1910) 17 I. 537, 
106 P. 692.. 

The purpose of this constitutional pro- 
vision is to prevent fraud and deception 
in the enactment of laws, to avoid incon- 
sistent and incongruous legislation, and 



to reasonably notify legislators and the 
people of the legislative intent in en- 
acting a law. S. v. Pioneer Nurseries 
Co. (1914) 26 I. 332, 143 P. 405. 

The title to an act need not be an index 
thereof, and if in its prolixity it fails to 
recite every provision it is not repugnant 
to the constitution where it is sufficiently 
broad to cover the general subject. Bar- 
ton v. Alexander (1915) 27 I. 286, 148 P. 
471. 

Necessarily the title of an act must be 
brief. The object of the title is to give a 
general statement of the subject matter. 
Such a general statement will be sufficient 
to include all provisions of the act hav- 
ing a reasonable connection with the sub- 
ject matter mentioned and a reasonable 
tendency to accomplish the purpose of 
the act. The object of the title is not to 
state the reason for the passage of the 
act, or to give an index of its contents. 
Re Crane (1915) 27 I. 671, 151 P. 1006. 

Sufficient titles: A title reading "to 
amend section 3604 (concerning issue of 
bonds by counties for certain purposes 
in excess of the income or revenue of the 
county for the year) in section 1 of an act 
of the legislature of the state of Idaho 
entitled 'An act providing for the issu- 
ance of negotiable coupon bonds for the 
funding and refunding of county indebt- 
edness, amending chapter 6, title 13, Re- 
vised Statutes of Idaho, approved Febru- 
ary 7, 1899,' by adding thereto authority 
to issue bonds to assist any city or vil- 
lage in constructing a free bridge over 
any navigable stream, within or partly 
within, or adjoining the limits of any such 
city or village," sets forth the subject, ob- 
ject or purpose of the act sufficiently. An- 
drews v. Comrs. of Ada Co. (1900) 7 I. 
453, 63 P. 592. 

Laws 1901, p. 91, the title to which is, 
in substance, "An act to amend certain 
sections of an act to provide for the or- 
ganization and government of irrigation 
districts and to amend certain sections of 
an act providing for a state engineer," 
while it covers subjects which had pre- 
viously been segregated into distinct acts 
by the legislature, yet relates solely to the 
one general subject of irrigation which 
might have been covered by a single act, 
is not repugnant to this section. (Quarles, 
C. J., dissents.) Pioneer Irr. Dist. v. 
Bradley (1902) 8 I. 310, 68 P. 295. 

An act entitled, "An act to amend sec- 
tion 1645 of the Revised Statutes of Idaho, 
as amended by act approved February 16, 



2707 



Const. Ill, 16 



CONSTITUTION OF IDAHO 



'/• is sufficient. S. v. Jones (1904) 9 
l. 693, 76 P. 819. 

Laws 1908, i>. 223, providing for the ap- 
propriation, diversion and adjudication of 
the rights to tin- use of all waters in the 
state running In the natural channel of 
Streams, and which contemplates that all 
Buch waters are •public waters," private 
rights therein being simply rights to the 
use of the same and not an ownership in 
them, is sufficiently indicated by its title, 
which Is: "An act t<> regulate the appro- 
priation and diversion of the 'public 
waters' of the state." Boise Irr. etc. Co. 
V. Stewart (1904) 10 I. 38, 77 P. 25, 321. 

The subject of the act of March 9, 1903, 
amending the charter of the city of Lew- 
Iston, is sufficiently expressed by the title: 
"An act to amend an act entitled, 'An act 
to amend the charter of the city of Lew- 
iston, approved February 9, 1881,' and to 
amend an act entitled (designating the 
several acts affecting and amending the 
charter of said city) and establishing a 
new and complete charter for said city." 
Butler v. Lewiston (1905) 11 I. 393, 83 
P. 234. 

The irrigation law of March 9, 1903, is 
sufficiently covered by its title, which is: 
"An act relating to irrigation districts and 
to provide for the organization thereof, 
and to provide for the acquisition of water 
and other property, and for the distribu- 
tion of water thereby for irrigation pur- 
poses, and for other and similar pur- 
poses." Nampa etc. Irr. Dist. v. Brose 
(1905) 11 I. 474, 83 P. 499. 

A title, "An act to amend section 24 of 
an act entitled, 'An act to provide for the 
organization, government and powers of 
cities and villages, approved February 10, 
1899,' " the body of the act purporting to 
amend the section referred to in the title, 
is sufficient. School Dist. No. 27 v. Twin 
Falls (1907) 13 I. 471, 90 P. 735. 

The title of an act, "providing for the 
organization and government of cities and 
villages," is sufficiently broad to embrace 
every subject matter incident to the ad- 
ministration of city and village govern- 
ment, including the designation of the of- 
fices thereof and how they may be united 
and filled. Vineyard v. Council of Grange- 
ville (1908) 15 I. 436, 98 P. 422. 

An act ('07, p. 223, H. B. 98) "to set 
apart Sunday as a day of rest" and pro- 
hibiting the doing of certain business on 
that day, all fully expressed in the title, 
was held to comply with this section on a 
common sense construction. S. v. Dolan 
(1907) 13 I. 693, 92 P. 995, 14 L. R. A. 
(N. S.) 1259. 

Where the title of an act has been ap- 
proved by this court, the title of an amen- 
datory act thereto is sufficient, when it 
clearly specifies the particular sections of 
said act to be amended and is germane 
to the subject stated in the original act. 
Settlers' Irr. Dist. v. Settlers' C. Co. (1908) 
14 I. 504, 94 P. 829; Vineyard v. Council 
of Grangeville (1908) 15 I. 436, 98 P. 422. 

The title of the commission government 
law, '11, c. 82, p. 280, is not objectionable 
in that it covers cities under special char- 
ters in the phrase "providing a form of 
government for cities of the state now or 
hereafter having a population of two 



thousand Jive hundred or over." Kessler 
v. Fritchman (1911) 21 I. 30, 119 P. 692. 

The title of the act of March 8, 1911, 
'11. c 55, p. 121, embraces but one sub- 
ject, towit, organization and government 
of highway districts, and matters germane, 
connected with and relating to the gen- 
eral subject of organization and govern- 
ment of highway districts and in no way 
contravenes the provisions of this sec- 
tion. Shoshone Highway Dist. v. Ander- 
son (1912) 22 I. 109, 125 P. 219. 

That portion of the highway commis- 
sion act ('13, c. 179, § 19, p. 567) provid- 
ing for the exemption from taxation of 
motor vehicles, does not come within the 
inhibition of this section; such exemption 
is germane to the general object and plan 
of the act, manifestly connected with it 
and made for the purpose of carrying the 
act into effect. Achenbach v. Kincaid 
(1914) 25 I. 768, 140 P. 529. 

Section 13 of the horticultural inspec- 
tion act ('03, p. 347) providing regulations 
for the shipping of trees, deals directly 
and primarily with horticultural matters 
and comes within the purview of the gen- 
eral title. S. v. Pioneer Nurseries Co. 
(1914) 26 I. 332, 143 P. 405. 

The title of an act ('15, c. 11, p. 41) "de- 
fining prohibition districts and regulating 
and prohibiting the manufacture, sale, 
keeping for sale, transportation for sale 
or gift, and traffic in intoxicating liquors 
and prohibiting drinking and drunkenness 
in public places in such prohibition dis- 
tricts, and fixing fines and penalties and 
repealing 'certain acts,' " is sufficiently 
broad to include a section prohibiting the 
possession of intoxicating liquors. Re 
Crane (1915) 27 I. 671, 151 P. 1006. 

The purpose of act ('09, p. 334) permit- 
ting a party to a civil action to call as 
witness the adverse party and to exam- 
ine such witness as if under cross ex- 
amination, is sufficiently expressed in the 
title and meets the requirements of this 
section. Darry v. Cox (1916) 28 I. 519, 
155 P. 660. 

Insufficient titles: An act entitled, "An 
act providing for the apportionment of the 
legislature," and which purports to pro- 
vide for such apportionment among all 
the supposed existing counties of the state, 
can not be sustained after certain of the 
counties for which it provided the appor- 
tionment have been declared non-existent 
by the supreme court, because of the un- 
constitutionality of the law purporting to 
create them. Ballentine v. Willey (1893) 
3 I. 496 ; 31 P. 994. 

The act of March 4, 1903, ('03, p. 375) 
the title to which is, "An act to provide 
for the care and keeping of moneys in the 
custody of the treasurer of the state of 
Idaho," and the general purpose of which 
is to secure interest on state moneys by 
depositing the same in banks out of the 
custody of the treasurer, is void under this 
section. Turner v. Coffin (1903) 9 I. 338, 
74 P. 962. 

An act entitled, "An act relating to for- 
eign corporations doing business in the 
state of Idaho," is in violation of this sec- 
tion, where the body thereof purports to 
relieve foreign corporations from the pen- 
alties and forfeitures incurred by them in 



2708 



LEGISLATIVE DEPARTMENT 



Const. Ill, 18 



transacting- business within the state in 
violation of law. Katz v. Herrick (1906) 
12 I. 1, 86 P. 873. 

Laws 1903, p. 346, the title to which 
purports to prohibit the sale of liquor near 
public works and grading camps, but the 
body of which does not prohibit such 
sale, but undertakes to regulate it, is re- 
pugnant to this section. Gerding v. Comrs. 
of Idaho Co. (1907) 13 I. 444, 90 P. 357. 

An act entitled "An act to provide for 
the payment of a grazing license fee on 
sheep entering the state of Idaho from 
other states and territories, and providing 
a penalty for the violation thereof," does 
not disclose that the subject of the act 
is the inspection of live stock or has any- 
thing to do with the welfare of the live 
stock of the state, and is unconstitutional. 
S. v. Butterfield Livestock Co. (1909) 17 
I. 441, 106 P. 455, 134 A. S. R. 263, 270, 
26 L. R. A. (N. S.) 1224. 

It is not sufficient to include an in- 
creased amount in a general appropriation 
bill for the salary of an officer but such 
increase of salary is a subject which must 
be specifically expressed in the title of the 
act. Hailey v. Huston (1913) 25 I. 165, 
136 P. 212. 

Unity of subject: The objection should 
be grave, and the conflict between the con- 
stitution and the statute palpable, before 
the judiciary should hold a legislative en- 
actment unconstitutional upon the sole 



ground that it embraces more than one 
subject. Pioneer Irr. Dist. v. Bradley 
(1902) 8 I. 310, 68 P. 295. 

The object of this section was to pro- 
hibit combining in one bill subjects di- 
verse in their nature and having no ne- 
cessary connection. It was not intended 
to prevent the incorporation into a single 
act of the entire statutory law upon one 
general subject. And if the provisions of 
an act all relate directly or indirectly to 
the same subject, have a natural connec- 
tion therewith and are not foreign to the 
subject expressed in the title, they are 
properly united in a single act, however 
numerous such provisions may be. lb. 

If two separate bills are passed by the 
legislature on the same general subject, 
and with differently worded titles, said 
acts may be amended by one bill, with a 
proper title. But if the title contains two 
distinct subjects, and both the subjects are 
legislated upon in the body of the act, the 
act is absolutely void. lb. 

Those portions of acts passed by the 
legislature which are not included or em- 
braced within the title of such acts are 
void. Cohn v. Kingsley (1897) 5 I. 416, 
49 P. 985, 38 L. R. A. 74. 

A general appropriation act includes one 
subject and an increase in the salary of 
an officer is another and distinct subject 
and they cannot be combined in one act. 
Hailey v. Huston (1913) 25 I. 165, 136 P. 
212. 



§ 17. Technical terms to be avoided. Every act or joint resolution 
shall be plainly worded, avoiding as far as practicable the use of tech- 
nical terms. 



Cited: Re Sharp (1908) 15 I. 120, 96 
P. 563. 

Word inadvertently used: An act is 

not repugnant to the constitution where a 
word is used therein which it is apparent 



the legislature did not intend to use, and 
as used, is meaningless and surplusage, 
and it is plain that the same was inad- 
vertently used. Settlers' Irr. Dist. v. Set- 
tler's C. Co. (1908) 14 I. 504, 94 P. 829. 



§ 18. Amendments to be published in full. No act shall be revised 
or amended by mere reference to its title, but the section as amended 
shall be set forth and published at full length. 



Cited: (Con. op.) Green v. S. Bd. Can- 
vassers (1896) 5 I. 130, 47 P. 259; Hailey 
v. Huston (1913) 25 I. 165, 136 P. 212. 

Application: This section has no appli- 
cation to repeals either express or implied, 
but only to revisions and amendments. 
Noble v. Bragaw (1906) 12 I. 265, 85 P. 
903. 

The method of amending the statutes 
does not govern amendments to the con- 
stitution. McBee v. Brady (1909) 15 I. 
761, 100 P. 97. 

Amendments by implication are not pro- 
hibited, and such do not require the 
amended section to be referred to. Stand- 
rod v. Case (1913) 24 I. 365, 133 P. 651. 

Where a section of the code is said in 
the title of a bill to be amended but such 
section has at the time no existence, it is 
immaterial that such section is not set 
forth at length, and this section of the 
constitution has no application. Achen- 
bach v. Kincaid (1914) 25 I. 768, 140 P. 
529. 

Object of section: The object of this 
provision is to prevent obscurity, confu- 
sion and uncertainty in the law. It deals 



with such amendments as change the ap- 
plication, force or effect of an act. The 
act of the first state legislature changing 
the words "territory" to "state" and 
"comptroller" to "auditor" is not repug- 
nant to this section. Gilbert v. Moody 
(1891) 3 I. 3, 25 P. 1092. 

Setting out amendments: This section 
does not require the whole chapter of 
which the amended section is a part, to be 
set forth at full length, but only requires 
the section amended to be set out, al- 
though, standing alone, the amended sec- 
tion is not sufficient to indicate its pur- 
pose. S. v. Jones (1904) 9 I. 693, 75 P. 
819. The whole act containing the section 
amended need not be republished in full, 
but only the section amended need be re- 
published. Noble v. Bragaw (1906) 12 I. 
265, 85 P. 903. 

Construction of related acts: Two or 

more laws relating to the same subject or 
to different parts of the same subject, are 
not necessarily amendatory to each other, 
within the meaning of this section, al- 
though they may be construed in pari 
materia. Noble v. Bragaw, above. 



2709 



Const. Ill, 19 



CONSTITUTION OF IDAHO 



it us L906, p. 39, § 39, which repeals 
such sections of the sheep inspection law 
of 190] aa create the office of sheep in- 
spector and deputy sheep inspectors, but 
continues In force the remainder of the 
act of 1901, and requires the state veterin- 
ary surgeon and live stock inspector and 
deputy sheep inspectors, but continues in 
force the remainder of the act of 1901, and 
requires the state inspectors provided for 
in said act of 1905, to perform the duties 
imposed on the sheep inspector and his 
deputies by the act of 1901, is not in vio- 
lation of this section. lb. 

Amendment by adding new section. A 

section of the statute may be amended by 
adding thereto a new section, providing 
the section added relates to and is germane 
to the subject matter of the act proposed 
to be amended. Settlers' Irr. Dist. v. Set- 
tlers' C. Co. (1908) 14 I. 504, 94 P. 829. 

Reciting amendatory acts: An amended 
section of an act takes the place of the 
original section in the act amended, and 
the failure of the legislature in amending 
the same section of the original act a sec- 
ond time, to specifically refer to it as hav- 



ing been amended by the first amendatory 
act, does not affect the validity or consti- 
tutionality of the second amendment of the 
amended section. West v. Comrs. of Latah 
Co. (1908) 14 I. 353, 361, 94 P. 445. But 
see Achenbach v. Kincaid (1914) 25 I. 
768, 140 P. 529, where it said that tech- 
nically a section of the code (R. C. § 1644) 
had no existence in '13, because it was 
amended in '11. 

If the title of the original act is suffi- 
cient to embrace the matters contained in 
the amendatory act, the sufficiency of the 
title of the amendatory act is unimportant. 
The title is sufficient provided it refers to 
the section or sections naming the title of 
the act amended, and the subject matter of 
the amendatory act is embraced within the 
scope of the title of the original act. 
Vineyard v. Council of Grangeville (1908) 
15 I. 436, 98 P. 422. 

Adopting law of another state: In view 
of this constitutional provision it would 
seem somewhat anomalous if the legisla- 
ture could adopt the law of another state 
by reference. Carroll v. Hartford Fire Ins. 
Co. (1916) 28 I. 466, 154 P. 985. 

§ 19. Local and special laws prohibited. The legislature shall not 
pass local or special laws in any of the following enumerated cases, that 
is to say : 

Regulating the jurisdiction and duties of justices of the peace and 
constables. 

For the punishment of crimes and misdemeanors. 

Regulating the practice of the courts of justice. 

Providing for a change of venue in civil or criminal actions. 

Granting divorces. 

Changing the names of persons or places. 

Authorizing the laying out, opening, altering, maintaining, working 
on, or vacating roads, highways, streets, alleys, town plats, parks, cem- 
eteries, or any public grounds not owned by the state. 

Summoning and impaneling grand and trial juries, and providing for 
their compensation. 

Regulating county and township business, or the election of county 
and township officers. 

For the assessment and collection of taxes. 

Providing for and conducting elections, or designating the place of 
voting. 

Affecting estates of deceased persons, minors, or other persons under 
legal disabilities. 

Extending the time for collection of taxes. 

Giving effect to invalid deeds, leases or other instruments. 

Refunding money paid into the state treasury. 

Releasing or extinguishing, in whole or in part the indebtedness lia- 
bility of obligation of any person or corporation in this state, or any 
municipal corporation therein. 

Declaring any person of age, or authorizing any minor to sell, lease 
or incumber his or her property. 

Legalizing as against the state the unauthorized or invalid act of any 
officer. 

Exempting property from taxation. 

Changing county seats, unless the law authorizing the change shall 
require that two-thirds of the legal votes cast at a general or special 

2710 



LEGISLATIVE DEPARTMENT 



Const. Ill, 19 



election shall designate the place to which the county seat shall be 
changed: Provided, That the power to pass a special law shall cease 
as long as the legislature shall provide for such change by general law: 
Provided further, That no special law shall be passed for any one county 
oftener than once in six years. 

Restoring to citizenship persons convicted of infamous crimes. 

Regulating the interest on money. 

Authorizing the creation, extension or impairing of liens. 

Chartering or licensing ferries, bridges or roads. 

Remitting fines, penalties and forfeitures. 

Providing for the management of common schools. 

Creating offices or prescribing the powers and duties of officers in 
counties, cities, townships, election districts, or school districts, except 
as in this constitution otherwise provided. 

Changing the law of descent or succession. 

Authorizing the adoption or legitimization of children. 

For limitation of civil or criminal actions. 

Creating any corporation. 

Creating, increasing or decreasing fees, percentages, or allowances of 
public officers during the term for which said officers are elected or 
appointed. 



Cited: Wiggin v. Lewiston (1902) 8 I. 
527, 69 P. 286; Gillesby v. Comrs. of Can- 
yon Co. (1910) 17 I. 586, 607, 107 P. 71; 
Thomas v. Boise City (1914) 25 I. 522, 138 
P. 1110; Achenbach v. Kincaid (1914) 25 
I. 768, 773, 140 P. 529. 

Scope of prohibition: This section pro- 
hibits the enactment of local or special 
laws on the subjects therein enumerated, 
but leaves the legislature master of its 
own discretion in passing special laws on 
subjects not prohibited by the constitution. 
Butler v. Lewiston (1905) 11 I. 393, 83 
P. 234. Thus the legislature may amend 
by special law the charter of a pre-existing 
city so long as the amendments are ger- 
mane with the objects of the charter. lb. 
The same is true of a specially chartered 
school district. Howard v. Ind. Sch. Dist. 
(1910) 17 I. 537, 106 P. 692. 

All of the limitations upon the legisla- 
ture in regard to special legislation are 
found in this section. We have no provi- 
sion such as is found in the constitutions 
of some other states, to the effect that no 
special laws shall be passed where gener- 
al laws can be made applicable. It fol- 
lows therefore, that special charters may 
be amended by special laws to meet the 
requirements of growing cities, but can not 
be amended by general laws. Boise City 
Nat. Bank v. Boise City (1909) 15 I. 792, 
100 P. 93. 

As long as the act extends the same priv- 
ileges to all belonging to the same class 
and there is no discrimination, and the 
provisions give all persons belonging to the 
same class an equal opportunity, it is not 
in effect local or special. Gillesby v. Comrs. 
of Canyon Co. (1910) 27 I. 586, 107 P. 71. 

A statute is general if its terms apply 
to, and its provisions operate upon, all 
persons and subjects in like situation. 
Jones v. Power Co. (1915) 27 I. 656, 150 
P. 35. 

The prohibition against "creating, in- 
creasing or decreasing fees, percentages or 
allowances of public officers," etc., does not 



apply to the regular salaries of officers. 
Blaine Co. v. Pyrah, 32 I. — , 178 P. 702. 

Laws concerning crimes: The act of 
1897 prohibiting gambling, if construed so 
as to make an act lawful in one part of 
the state which is, in another part, made a 
misdemeanor, would be a local or special 
law and unconstitutional. Re Ridenbaugh 
(1897) 5 I. 371, 49 P. 12. 

The prohibition law ('15, c. 11, p. 41) is 
of general application and does not con- 
travene this section, even though an act 
may be a crime in a prohibition district 
which is not a crime in wet territory. Re 
Crane (1915) 27 I. 671, 151 P. 1006. 

Regulations of practice: Section 34 of 
Laws 1903, p. 223, relative to the distri- 
bution of water and adjudication of water 
rights, which authorizes a suit for adjudi- 
cation of water rights to be brought 
against "all claimants of a right to the 
use of the water" of the stream in ques- 
tion, without naming the defendants or 
requiring any effort for personal service 
on such defendants as might be found, is 
special legislation, regulating practice and 
is repugnant to this section. Bear Lake 
Co. v. Budge (1904) 9 I. 703, 75 P. 614. 

Laws 1903, p. 223, providing for the ap- 
propriation, diversion and adjudication of 
the rights to the use of the waters of the 
state, and which contains certain peculiar 
provisions as to the duties of the state en- 
gineer, the apportionment of costs, the 
preparation and use of maps as evidence, 
etc., in proceedings for the adjudication of 
water rights, is not repugnant to subdivi- 
sion 3 of this section, which prohibits local 
laws regulating practice. (Stockslager, J. 
dissents) Boise Irr. etc. Co. v. Stewart 
(1904) 10 I. 38, 77 P. 25, 321. 

Regulation of counties: The legislature, 
in creating a new county, may provide for 
the appointment by the governor of county 
officers to hold office until the first biennial 
election after the creation of the county. 
Sabin v. Curtis (1893) 3 I. 662, 32 P. 
1130. 



2711 



Const. Ill, 20 



CONSTITUTION OF IDAHO 



An act creating a new county and appor- 
tioning the indebtedness of the original 
county and t he new county, does not vio- 
late the requirement of this section which 
prohibits the legislature from framing 
local laws regulating county and township 
business. Bannock Co. v. Bunting (1894) 
4 I. 156, 37 P. 277. 

An an providing for refunding bonds in 
now counties ('15, c. 20, p. 71) does not 
contravene this section, the classification 
being reasonable. Jones v. Power Co. 
(1915) 27 I. 656, 150 P. 35. 

Changing county seats: This section 
do.s not apply to the location of a perma- 
nent county seat upon the organization of 
a new county, but does apply to the re- 
moval of a county seat. Leach v. Nez 
Perce (1913) 24 I. 322, 133 P. 926. 

Sunday closing': Laws 1907, p. 223, pro- 
hibiting the keeping open on Sunday of 
certain places for business purposes, is 
not violative of this section, prohibiting 
local or special legislation. S. v. Dolan 
(1907) 13 I. 693, 92 P. 995, 14 L. R. A. (N. 
S.) 1259. 

Regulation of elections: The local op- 
tion law ('09, p. 9) does not violate this 
section. Vesting election registrars with 
discretionary power to fix days, for spe- 
cial election, in addition to those fixed by 
general statute for receiving applications 
for registration not a local or special law. 
Gillesby v. Comrs. of Canyon Co. (1910) 
17 I. 586, 598, 107 P. 71. 

Tax districts: The good roads law, R. 
C. §§ 10 49-68, providing for the organiza- 
tion and government of good road districts, 
is not a local or special law as used in this 
section, as it is general in its application 
and applies alike to all sections of the state 
where the taxpayers are willing to assume 
the burden of additional taxation for the 
purpose of improving the roads within such 
sections, and applies to all good roads dis- 
tricts within the state, and relates to all 
of a class. Hettinger v. Good Road Dist. 
(1911) 19 I. 313, 113 P. 721. 

§ 20. Lotteries not to be authorized. The legislature shall not au- 
thorize any lottery or gift enterprise under any pretense or for any pur- 
pose whatever. 

§ 21. Signature of bills and resolutions. All bills or joint resolutions 
passed shall be signed by the presiding officers of the respective houses. 

§ 22. When acts take effect. No act shall take effect until 60 days 
from the end of the session at which the same shall have been passed, 
except in case of emergency, which emergency shall be declared in the 
preamble or in the body of the law. 

Cited: Shoshone Co. v. Thompson (1905) 149, 140 P. 965; Idaho P. & L. Co. v. 

11 I. 130, 81 P. 73; Gillesby v. Comrs. of Blomquist (1914) 26 I. 222, 141 P. 1083, 

Canyon Co. (1910) 17 I. 586, 608, 107 P. Ann. Cas. 1916E 282; N. P. Ry. Co. v. Chap- 

71; Peavy v. McCombs (1914) 26 I. 143, man (1916) 29 I. 294, 158 P. 560. 

§ 23. Compensation and mileage of members. Each member of the 
legislature shall receive for his services a sum not exceeding $5 per day 
from the commencement of the session, but such pay shall not exceed 
for each member, except the presiding officers, in the aggregate, $300 
for per diem allowances for any one session; and shall receive each the 
sum of 10 cents per mile each way by the usual traveled route. 

When convened in extra session by the governor, they shall each re- 



The same reasoning applies to irrigation 
districts and particularly to R. C. §§ 2401- 
3. Emmett Irr. Dist. v. Shane (1911) 19 
I. 332, 113 P. 444. 

Highway defined: While the word "high- 
way" in its broadest sense would include 
navigable rivers and lakes, the framers of 
the constitution did not use the term in 
any such broad and extensive sense. That 
word in its ordinary and popular sense re- 
fers to ordinary roads and highways which 
are under the care of local authorities, and 
the term as used in this section has refer- 
ence to highways opening through the 
country upon lands for the travel of the 
public generally. Grice v. Clearwater 
Timber Co. (1911) 20 I. 70, 117 P. 112. 

Regulating the interest on money: There 
is no provision in the state or federal con- 
stitution which in any way limits the pow- 
er of the legislature in making a classifi- 
cation of persons or corporations writing 
insurance within the state of Idaho, and 
placing in a separate class those persons or 
corporations who loan money upon policies 
written, and limit the charge to be made 
for the use of such loans to five per cent 
although such statute makes no limitation 
of the rate of interest to be charged upon 
money loaned upon other securities, except 
the general statute of the state regulating 
the rate of interest. Continental Life etc. 
Co. v. Hattabaugh (1912) 21 I. 285, 121 
P. 81. 

Commission government: The commis- 
sion form of government act for cities ('11, 
c. 82, p. 280) is not special or class legis- 
lation and is not in violation of this sec- 
tion. Kessler v. Fritchman (1911) 21 I. 
30, 119 P. 692. 

Changing* county commissioners* salaries: 

The legislature has power to diminish sal- 
aries of county commissioners during their 
terms of office, and an act passed for that 
purpose does not conflict with this article. 
Blaine Co. v. Pyrah, 32 I. — , 178 P. 702. 



2712 



EXECUTIVE DEPARTMENT 



Const. IV, 1 



ceive $5 per day; but no extra session shall continue for a longer period 
than 20 days, except in case of the first session of the legislature. They 
shall receive such mileage as is allowed for regular sessions. The 
presiding officers of the legislature shall each in virtue of his office re- 
ceive an additional compensation equal to one-half his per diem allow- 
ance as a member: Provided, That whenever any member of the legis- 
lature shall travel on a free pass in coming to or returning from a session 
of the legislature, the number of miles actually traveled on such pass 
shall be deducted from the mileage of such member. 



Application: This section, which limits 
the compensation of members of the legis- 
lature to $300 for any one session, applies 
to the regular biennial sessions of the leg- 
islature and does not apply to the first 



session directed by XXI, 14, to be called 
by the governor immediately upon his 
qualification and assumption of duties. 
(Huston, J. dissents.) Goodnight v. Moody 
(1891) 3 I. 7, 26 P. 121. 



§ 24. Promotion of temperance and morality. The first concern of 
all good government is the virtue and sobriety of the people, and the 
purity of the home. The legislature shall further all wise and well di- 
rected efforts for the promotion of temperance and morality. 

§ 25. Oath of office. The members of the legislature shall, before 
they enter upon the duties of their respective offices take or subscribe 
the following oath or affirmation: "I do solemnly swear (or affirm, as 
the case may be) that I will support the constitution of the United 
States, and the constitution of the state of Idaho, and that I will faith- 
fully discharge the duties of senator (or representative, as the case may 
be) according to the best of my ability." And such oath may be ad- 
ministered by the governor, secretary of state, or judge of the supreme 
court or presiding officer of either house. 

§ 26. Prohibition of intoxicating liquors. From and after the first 
day of May in the year 1917, the manufacture, sale, keeping for sale, 
and transportation for sale of intoxicating liquors for beverage pur- 
poses are forever prohibited. The legislature shall enforce this section 
by all needful legislation. 

Hist. Amendment No. 23, proposed '15, 
p. 395, S. J. R. 1, adopted Nov. 7, 1916, 
effective May 1, 1917, '17, p. 



528. 



ARTICLE IV. 



EXECUTIVE DEPARTMENT. 



2. 
3. 

4. 
5. 

6. 

7. 



13. 

14. 

15. 
16. 

17. 
18. 

19. 



Section 
1. Executive officers: Terms of office. 
Election of officers. 
Qualifications of officers. 
Governor is commander of militia. 
Supreme executive power vested in 
governor. 

Governor to appoint officers. 
Board of pardons. 

8. Governor may require reports: Mes- 
sages to legislature. 

9. Extra sessions of legislature. 

10. Veto power. 

11. Disapproval of appropriation bills. 

§ 1. Executive officers: Terms of office. The executive department 
shall consist of a governor, lieutenant governor, secretary of state, state 
auditor, state treasurer, attorney general and superintendent of public 
instruction, each of whom shall hold his office for two years beginning 
on the first Monday in January next after his election, except as other- 
wise provided in this constitution. The officers of the executive depart- 
ment, excepting the lieutenant governor, shall during their terms of 
office, reside at the seat of government, where they shall keep the public 



Section 

12. Lieutenant governor to act as gov- 
ernor. 

Lieutenant governor as president of 
senate. 

President pro tempore to act as gov- 
ernor. 

Great seal of the state. 
Grants and permissions. 
Accounts and reports of officers. 
Board of prison commissioners and 
examiners. 
Salaries and fees of officers. 



2713 



Const. IV, 2 CONSTITUTION OF IDAHO 

records, books and papers. They shall perform such duties as are pre- 
scribed by this constitution and as may be prescribed by law. 

Oited: (In brief of counsel) St. Joe 
imp. Co. v. Baumierster (1910) 19 I. 66. 

§ 2. Election of officers. The officers named in section 1 of this 
article shall be elected by the qualified electors of the state at the time 
and places of voting for members of the legislature, and the persons, re- 
spectively having the highest number of votes for the office voted for 
shall be elected; but if two or more shall have an equal and the highest 
number of votes for any one of said offices, the two houses of the legis- 
lature at its next regular session, shall forthwith, by joint ballot, elect 
one of such persons for said office. The returns of election for the of- 
ficers named in section 1 shall be made in such manner as may be pre- 
scribed by law, and all contested elections of the same, other than pro- 
vided for in this section, shall be determined as may be prescribed by 
law. 

§ 3. Qualifications of officers. No person shall be eligible to the 
office of governor or lieutenant governor unless he shall have attained 
the age of 30 years at the time of his election; nor to the office of secre- 
tary of state, state auditor, superintendent of public instruction, or state 
treasurer, unless he shall have attained the age of 25 years; nor to the 
office of attorney general unless he shall have attained the age of 30 
years, and have been admitted to practice in the supreme court of the 
state or territory of Idaho, and be in good standing at the time of his 
election. In addition to the qualifications above described each of the 
officers named shall be a citizen of the United States and shall have re- 
sided within the state or territory two years next preceding his election. 

§ 4. Governor is commander of militia. The governor shall be 
commander-in-chief of the military forces of the state, except when they 
shall be called into actual service of the United States. He shall have 
power to call out the militia to execute the laws, to suppress insurrection, 
or to repel invasion. 

§ 5. Supreme executive power vested in governor. The supreme 
executive power of the state is vested in the governor, who shall see that 
the laws are faithfully executed. 

Cross ref. Express reference to this sec- bility through administrative departments: 
tion: Exercise of gubernatorial responsi- § 250. 

§ 6. Governor to appoint officers. The governor shall nominate and, 
by and with the consent of the senate, appoint all officers whose offices 
are established by this constitution, or which may be created by law and 
whose appointment or election is not otherwise provided for. If during 
the recess of the senate, a vacancy occurs in any state or district office, 
the governor shall appoint some fit person to discharge the duties thereof 
until the next meeting of the senate, when he shall nominate some per- 
son to fill such office. If the office of a justice of the supreme or district 
court, secretary of state, state auditor, state treasurer, attorney general, 
or superintendent of public instruction shall be vacated by death, resig- 
nation or otherwise, it shall be the duty of the governor to fill the same 
by appointment, and the appointee shall hold his office until his suc- 
cessor shall be elected and qualified in such manner as may be provided 
by law. 

Appointment of officers: This section, in law, and is not infringed by Laws 1899, p. 
providing Cor the appointment of officers 345, providing for the appointment of a 
by the governor with the consent of the board of medical examiners by the gov- 
s' nate, applies only to officers for whose ernor without the consent of the senate, 
appointment no other provision is made by Re Inman (1902) 8 I. 398, 69 P. 120. 

2714 



EXECUTIVE DEPARTMENT Const IV, 7 

The legislature when creating any office does not depend upon legislative action or 

by legislative act may prescribe the meth- legislative sanction. That power given the 

od of filling the office and designate the governor is not limited or controlled in 

officer, board or body that shall make the any manner by the provisions of V, 19. 

appointment; in case of failure on the part The words "his office" and "his successor" 

of the legislature to do so, the governor clearly indicate that the appointee succeeds 

is vested by the constitution with the ap- to all the rights in the office held by the 

pointive power. Elliott v. McCrea (1913) original incumbent and that he shall con- 

23 I. 524, 130 P. 785. tinue to hold and exercise them until the 

The legislature is within its constitu- time arrives for the election of his suc- 

tional rights in designating any person cessor in the manner provided by law, for 

other than the governor to fill an office or the next succeeding term of the office in 

in limiting the power of the governor in question. Budge v. Gifford (1914) 26 I. 

making appointments. Ingard v. Barker 521, 144 P. 333. 
(1915) 27 I. 124, 147 P. 293. Where the first appointee of the gov- 

Vacancies: Under that provision of the ernor resigned his office before the next 

constitution, whenever a vacancy occurs in general election, and the governor made 

the office of the justice of the supreme another and further appointment to fill 

court, it becomes the duty of the governor the vacancy, such subsequent appointee 

to fill the same by appointment. This is takes the office subject to the same provi- 

an absolute grant of appointive power to sions as the original appointee. Joy v. 

the governor by the constitution itself and Gifford (1912) 22 I. 301, 125 P. 181. 

§ 7. Board of pardons. The governor, secretary of state and attor- 
ney general shall constitute a board to be known as the board of par- 
dons. Said board, or a majority thereof, shall have power to remit fines 
and forfeitures, and to grant commutations and pardons after conviction 
and judgment, either absolutely or upon such conditions as they may im- 
pose, in all cases of offenses against the state except treason or convic- 
tion on impeachment. The legislature shall by law prescribe the ses- 
sions of said board and the manner in which application shall be made 
and regulate proceedings thereon; but no fine or forfeiture shall be re- 
mitted, and no commutation or pardon granted, except by the decision 
of a majority of said board, after a full hearing in open session, and 
until previous notice of the time and place of such hearing and the re- 
lease applied for shall have been given by publication in some 
newspaper of general circulation at least once a week for four 
weeks. The proceedings and decision of the board shall be reduced to 
writing and with their reasons for their action in each case, and the dis- 
sent of any member who may disagree, signed by him, and filed, with all 
papers used upon the hearing, in the office of the secretary of state. 

The governor shall have power to grant respites or reprieves in all 
cases of convictions for offenses against the state, except treason or con- 
viction on impeachment, but such respites or reprieves shall not extend 
beyond the next session of the board of pardons; and such board shall at 
such session continue or determine such respite or reprieve, or they may 
commute or pardon the offense, as herein provided. In cases of convic- 
tion for treason the governor shall have the power to suspend the execu- 
tion of the sentence until the case shall be reported to the legislature at 
its next regular session, when the legislature shall either pardon or com- 
mute the sentence, direct its execution, or grant a further reprieve. He 
shall communicate to the legislature, at each regular session, each case 
of remission of fine or forfeiture, reprieve, commutation or pardon 
granted since the last previous report, stating the name of the convict, 
the crime of which he was convicted, the sentence and its date, and the 
date of remission, commutation, pardon or reprieve, with the reasons 
for granting the same, and the objections, if any, of any member of the 
board made thereto. 

Conditional pardons: The board of provided that they are to be kept or per- 

pardons may attach such conditions as formed, or complied with, during the term 

they see fit to a pardon, commutation or for which the prisoner was sentenced, but 

parole, so long as they are not immoral, they can not require a convict who has 

illegal or impossible of performance, and broken his parole to undergo imprison- 

2715 



Const. IV, 8 CONSTITUTION OF IDAHO 

ment, after the expiration of the time equal to that during which he was out on 

fixed by th< judgment of conviction for the parole. (Sullivan, J., dissents). Re Prout 

termination of such imprisonment, by re- (1906) 12 I. 494, 86 P. 275. 
quiring him to serve an additional time 

§ 8. Governor may require reports: Messages to legislature. The 

governor may require information in writing from the officers of the ex- 
ecutive department upon any subject relating to the duties of their re- 
spective offices, which information shall be given upon oath whenever 
so required; he may also require information in writing, at any time, 
under oath, from all officers and managers of state institutions, upon any 
subject relating to the condition, management and expenses of their 
respective offices and institutions, and may at any time he deems it nec- 
essary, appoint a committee to investigate and report to him upon the 
condition of any executive office or state institution. The governor shall 
at the commencement of each session and from time to time, by message, 
give to the legislature information of the condition of the state, and 
shall recommend such measures as he shall deem expedient. He shall 
also send to the legislature a statement, with vouchers, of the expendi- 
tures of all moneys belonging to the state and paid out by him. He 
shall also, at the commencement of each session, present estimates of 
the amount of money required to be raised by taxation for all purposes 
of the state. 

§ 9. Extra sessions of legislature. The governor may, on extraordi- 
nary occasions, convene the legislature by proclamation stating the pur- 
poses for which he has convened it; but when so convened it shall have 
no power to legislate on any subjects other than those specified in the 
proclamation; but may provide for the expenses of the session and other 
matters incidental thereto. He may also, by proclamation, convene the 
senate in extraordinary session for the transaction of executive business. 

Cited: Goodnight v. Moody (1891) 3 I. 
7, 26 P. 121. 

§ 10. Veto power. Every bill passed by the legislature shall, be- 
fore it becomes a law, be presented to the governor. If he approve, he 
shall sign it, and thereupon it shall become a law ; but if he do not ap- 
prove, he shall return it with his objections to the house in which it or- 
iginated, which house shall enter the objections at large upon its jour- 
nals and proceed to reconsider the bill. If then two-thirds of the mem- 
bers present agree to pass the same it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of the members present in that house, it 
shall become a law, notwithstanding the objections of the governor. In 
all such cases the vote of each house shall be determined by yeas and 
nays, to be entered on the journal. Any bill which shall not be re- 
turned by the governor to the legislature within five days (Sundays ex- 
cepted) after it shall have been presented to him, shall become a law 
in like manner as if he had signed it, unless the legislature shall by ad- 
journment, prevent its return, in which case it shall be filed, with his 
objections, in the office of the secretary of state within 10 days after such 
adjournment (Sundays excepted) or become a law. 

Cited: Idaho P. & L. Co. v. Blomquist ment in both houses of . the legislature but 

(1914) 26 I. 222, 237, 141 P. 1083, Ann. is presented to the governor unamended 

Cas. 1916E 282; Griffith v. Van Dusen and signed by him, the bill as amended 

(1917) 31 I. 136, 169 P. 929. can not be a law of the state. Katerndahl 

Applied: Where a bill receives amend- v. Daugherty (1917) 30 I. 356, 164 P. 1017. 

§ 11. Disapproval of appropriation bills. The governor shall have 
power to disapprove of any item or items of any bill making appropria- 

2716 



EXECUTIVE DEPARTMENT Const. IV, 18 

tions of money embracing distinct items, and the part or parts approved 
shall become a law and the item or items disapproved shall be void un- 
less enacted in the manner following: If the legislature be in session, 
he shall within five days transmit to the house within which the bill 
originated a copy of the item or items thereof disapproved, together 
with his objections thereto, and the items objected to shall be separately 
reconsidered, and each item shall then take the same course as is pre- 
scribed for the passage of bills over the executive veto. 

§ 12. Lieutenant governor to act as governor. In case of the failure 
to qualify, the impeachment or conviction of treason, felony, or other 
infamous crime of the governor, or his death, removal from office, resig- 
nation, absence from the state, or inability to discharge the powers and 
duties of his office, the powers, duties and emoluments of the office for 
the residue of the term, or until the disability shall cease, shall devolve 
upon the lieutenant governor. 

§ 13. Lieutenant governor is president of senate. The lieutenant 
governor shall be president of the senate, but shall vote only when the 
senate is equally divided. In case of the absence or disqualification of 
the lieutenant governor from any cause which applies to the governor, 
or when he shall hold the office of governor, then the president pro 
tempore of the senate shall perform the duties of the lieutenant governor 
until the vacancy is filled or the disability removed. 

§ 14. President pro tempore to act as governor. In case of the fail- 
ure to qualify in his office, death, resignation, absence from the state, 
impeachment, conviction of treason, felony or other infamous crime, or 
disqualifications from any cause, of both governor and lieutenant gov- 
ernor, the duties of the governor shall devolve upon the president of 
the senate pro tempore, until such disqualification of either the governor 
or lieutenant governor be removed, or the vacancy filled; and if the 
president of the senate, for any of the above named causes, shall be- 
come incapable of performing the duties of governor, the same shall de- 
volve upon the speaker of the house. 

§ 15. Great seal of the state. There shall be a seal of this state, 
which shall be kept by the secretary of state and used by him officially, 
and shall be called "The great seal of the state of Idaho. " The seal of 
the territory of Idaho, as now used, shall be the seal of the state until 
otherwise provided by law. 

§ 16. Grants and permissions. All grants and permissions shall be 
in the name and by the authority of the state of Idaho, sealed with the 
great seal of the state, signed by the governor, and countersigned by the 
secretary of state. 

Cited: Barber Lumber Co. v. Gifford, 
25 I. 654, 659, 139 P. 557. 

§ 17. Accounts and reports of officers. An account shall be kept by 
the officers of the executive department and of all public institutions of 
the state, of all moneys received by them severally, from all sources, and 
for every service performed, and of all moneys disbursed by them sev- 
erally, and a semi-annual report thereof shall be made to the governor, 
under oath; they shall also, at least 20 days preceding each regular ses- 
sion of the legislature, make full and complete reports of their official 
transactions to the governor, who shall transmit the same to the legis- 
lature. 

§ 18. Boards of prison commissioners and of examiners. The gov- 
ernor, secretary of state and attorney general shall constitute a board of 

2717 



Const. IV, 19 



CONSTITUTION OF IDAHO 



state prison commissioners, which board shall have such supervision of 
all matters connected with the state prison as may be prescribed by law. 
They shall also constitute a board of examiners, with power to examine 
all claims against the state, except salaries or compensations of officers 
fixed by law, and perform such other duties as may be prescribed by 
law. And no claim against the state, except salaries and compensation 
of officers fixed by law, shall be passed upon by the legislature without 
first having been considered and acted upon by said board. 

Cited: Kroutinger v. Board of Exam- vide for the disbursement of funds be- 



inevy (1902) S I. 463, 69 P. 279; Ackley v. 
Perrin Q905) 10 I. 531, 79 P. 193; Davis 
v. S. (1917) 30 I. 137, 163 P. 373. 

Hoard of examiners: A claim arising out 
of a contract for the construction of a 
state wagon road which stipulates for the 
final payment when the contract is exe- 
cuted to the satisfaction of the commis- 
sioners and board of examiners, must be 
submitted for the approval of the board 
of examiners before the auditor can be 
required to issue his warrant therefor. 
Winters v. Ramsey (1895) 4 I. 303, 39 P. 
193. 

The state board of examiners may dis- 
allow, in whole or in part, any claim pre- 
sented by a state officer, for services for 
clerk hire, in his said office. Bragaw v. 
Gooding (1908) 14 I. 288, 94 P. 438. 

This section grants to state board of 
examiners power to examine all claims 
against the state, except salaries or com- 
pensation of officers fixed by law, and a 
legislative enactment attempting to pro- 



longing to the state in payment of claims 
without such examination is void. Epper- 
son v. Howell (1916) 28 I. 338, 154 P. 621. 
All claims of whatever character against 
the state must be submitted to the board. 
(Sullivan, J. dissents.) S. v. National 
Surety Co. (1916) 29 I. 670, 161 P. 1026. 

Same: Coercion of action: If the board 
refuses to act on a matter upon which the 
law requires them to act, the court may 
compel action but can not direct the 
board how they shall act in a particular 
case. (Sullivan, J., dissents.) Pike v. 
Steunenberg (1897) 5 I. 614, 51 P. 614. 

Procedure: A claim against the Albion 
state normal school is a claim against the 
state; and it was the duty of claimant, if 
the board of trustees of the state normal 
school failed to allow their claim, to pre- 
sent the same to the state board of exam- 
iners; if there disallowed, then to have 
brought action in the supreme court for a 
recommendatory judgment. Thomas v. S. 
(1909) 16 I. 81, 100 P. 761. 



§ 19. Salaries and fees of officers. The governor, secretary of state, 
state auditor, state treasurer, attorney general, and superintendent of 
public instruction shall quarterly as due, during their continuance in of- 
fice, receive for their services compensation, which for the term next 
ensuing after the adoption of this constitution, is fixed as follows : Gov- 
ernor, three thousand dollars per annum ; secretary of state, one thous- 
and eight hundred dollars per annum; state auditor, one thousand 
eight hundred dollars per annum; state treasurer, one thousand dollars 
per annum; attorney general, two thousand dollars per annum, and 
superintendent of public instruction, one thousand five hundred dollars 
per annum. The lieutenant governor shall receive the same per diem 
as may be provided by law for the speaker of the house of representa- 
tives, to be allowed only during the sessions of the legislature. The 
compensations enumerated shall be in full for all services by said of- 
ficers respectively, rendered in any official capacity or employment what- 
ever during their respective terms of office. 

No officer named in this section shall receive for the performance of 
any official duty any fee for his own use, but all fees fixed by law for the 
performance by either of them of any official duty shall be collected in 
advance and deposited with the state treasurer quarterly to the credit of 
the state. The legislature may, by law, diminish or increase the com- 
pensation of any or all of the officers named in this section, but no such 
diminution or increase shall affect the salaries of the officers then in 
office during their term: Provided, hotvever, The legislature may pro- 
vide for the payment of actual and necessary expenses to the governor, 
lieutenant governor, secretary of state, attorney general, and superin- 
tendent of public instruction, while traveling within the state in the 
performance of official duty. 






2718 



JUDICIAL DEPARTMENT 



Const. V, 2 



Cited: Stein v. Morrison (1904) 9 I. 426, 
75 P. 246; Woods v. Bragaw (1907) 13 I. 
607, 92 P. 576. 

Fees of officers: It is a part of the offi- 
cial duty of the secretary of state to pre- 



pare the session laws and legislative jour- 
nals for the printer, and any fees which 
he receives for such services must be paid 
over into the state treasury. Anderson v. 
Lewis (1898) 6 I. 51, 52 P. 163. 



ARTICLE V. 
JUDICIAL, DEPARTMENT. 



Section. 

1. Forms of action abolished. 

Judicial power: Where vested. 

Impeachments: Where and how tried. 

Same: Conviction: Impeachment of 

governor. 

Treason defined and limited. 

Supreme court: Justices: Term of 

office. 

Justices prohibited from holding other 

offices. 

Terms of supreme court. 

Jurisdiction of supreme court. 

Jurisdiction over claims against the 

state. 

District courts: Judges and terms. 

Residence of judges: Holding court 

out of district. 



9 
10 

11 
12 



Section. 

13. Power of legislature respecting courts. 
Special courts in cities and towns. 
Clerk of supreme court. 
Clerks of district court. 
Salaries of justices and judges. 
Prosecuting attorneys. 
Vacancies: How filled. 
Jurisdiction of district court. 
Jurisdiction of probate courts. 
Jurisdiction of justices of the peace. 
Qualifications of district judges. 
Judicial districts enumerated. 
Defects in law to be reported by 
judges. 

Court procedure to be general and 
uniform. 
Change in compensation of officers. 



14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 

26. 



27 



§ 1. Forms of action abolished. The distinctions between actions at 
law and suits in equity, and the forms of all such actions and suits, are 
hereby prohibited ; and there shall be in this state but one form of ac- 
tion for the enforcement or protection of private rights or the redress 
of private wrongs, which shall be denominated a civil action ; and every 
action prosecuted by the people of the state as a party against a person 
charged with a public offense for the punishment of the same, shall be 
termed a criminal action. 

Feigned issues are prohibited, and the fact at issue shall be tried by 
order of court before a jury. 



Cited: Christensen v. Hollings worth 
(1898) 6 I. 87, 53 P. 211; Anderson v. War 
Eagle Con. M. Co. (1902) 8 I. 789, 72 P. 
671; Coleman v. Jaggers (1906) 12 I. 125, 
85 P. 894; Stockton v. O. S. L. R. Co. 
(1907) 170 F. 627, 630; Re Sharp (1908) 
15 I. 120, 96 P. 563; Bates v. Capital S. 
Bk. (1912) 21 I. 141, 121 P. 561; Poncia 
v. Eagle (1915) 28 I. 60, 152 P. 208; Beem 
v. Davis, 31 I. 730, 175 P. 959. 

Distinction abolished: No importance 
attaches to the manner or form of plead- 
ing a cause of action so long as the facts 
pleaded entitle the pleader to relief of any 
kind. Pocatello v. Murray (1912) 21 F. 
180, 194, 120 P. 812. 

This section largely abrogates the dis- 
tinction between cases at law and suits 
in equity, and now equitable remedies de- 
fined by the statute, such as injunctions, 
are largely matters of right. Staples v. 
Rossi (1901) 7 I. 618, 65 P. 67. 

Relief at law and equity may be granted 
in the same action, and may be granted if 
the facts pleaded and proved entitle the 
plaintiff to any relief, either legal, equi- 



table, or both. Murphy v. Russell & Co. 
(1901) 8 I. 133, 67 P. 421. 

Both legal and equitable causes of ac- 
tion may be joined in the same complaint. 
These causes of action need not be sep- 
arately set forth, provided that a concise 
and complete statement of them is made, 
and when that is done the plaintiff is en- 
titled to any relief at law or in equity 
that his proof under such allegations may 
show him to be entitled to. Carroll v. 
Hartford Fire Ins. Co. (1916) 28 I. 466, 
154 P. 985. 

But this section does not abolish the 
rules of law and equity. Dewey v. Schrei- 
ber Implement Co. (1906) 12 I. 280, 85 
P. 921. 

State as party plaintiff: This section 
which authorizes prosecutions in the name 
of the people, is not violated by § 8619, 
which directs that criminal actions 
shall be prosecuted in the name of the 
"state of Idaho" as a party plaintiff, and a 
prosecution by "state of Idaho" as plaintiff 
is in conformity with the constitution and 
the statute. S. v. Lockhart (1910) 18 I. 
730, 111 P. 853. 



§ 2. Judicial power: Where vested. The judicial power of the state 
shall be vested in & court for the trial of impeachments, a supreme court, 
district courts, probate courts, courts of justices of the peace, and such 
other courts inferior to the supreme court as may be established by law 
for any incorporated city or town. 



2719 



Const. V, 3 



CONSTITUTION OF IDAHO 



state engineer, the apportionment of costs, 
the preparation and use of maps as evi- 
dence, etc., in proceedings for the adjudi- 
cation of water rights, is not repugnant to 
this section. (Stockslager, J., dissents.) 
Boise Irr. etc. Co. v. Stewart (1904) 10 
I. 38, 77 P. 25, 321. 

The sections of the act which authorize 
the state engineer to pass upon certain 
questions relating to the appropriation of 
water but which give an appeal to the court 
from decisions of the engineer are consti- 
tutional, lb. 

Where a ministerial officer is called upon 
to decide and determine matters arising in 
the administration of his office, when such 
acts are not made final or binding upon 
the courts of the state, and full oppor- 
tunity is given to any person aggrieved to 
have such matters adjudicated in the prop- 
er tribunals of the state, the acts of such 
officer are ministerial and not judicial. 
Speer v. Stephenson (1909) 16 I. 707, 102 
P. 365. 

The removal of a village marshal by the 
board of trustees is not such an exercise 
of judicial power as to be repugnant to the 
provisions of the constitution. Conwell v. 
Culdesac (1907) 13 I. 575, 92 P. 535. 

The act of '11, c. 124, §§ 72-3, relating 
to the power of the bank commissioner to 
wind up the affairs of an insolvent bank 
does not contravene this section, since the 
commissioner must act under the direc- 
tion of the district court. S. v. Title Guar- 
anty & Security Co. (1915) 27 I. 752, 152 
P. 189, aff. 240 U. S. 136, 60 L. ed. 566, 36 
S. C. R. 345. 

The public utilities commission is not 
invested with judicial powers by the act 
creating it, and cannot be under the con- 
stitution. Neil v. Public Utilities Commis- 
sion, 32 I. — , 178 P. 271. 

§ 3. Impeachments: Where and how tried. The court for the trial 
of impeachments shall be the senate. A majority of the members elected 
shall be necessary to a quorum, and the judgment shall not extend be- 
yond removal from, and disqualification to hold office in this state ; but 
the party shall be liable to indictment and punishment according to law. 

§ 4. Same: Conviction: Impeachment of governor. The house of 
representatives solely shall have the power of impeachment. No person 
shall be convicted without the concurrence of two-thirds of the senators 
elected. When the governor is impeached the chief justice shall pre- 
side. 

Cited: (Erroneously for XV, 4) Josslyn 
v. Daly (1908) 15 I. 137, 145, 110 P. 288. 

§ 5. Treason denned and limited. Treason against the state shall 
consist only in levying war against it, or adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on confession 
in open court. No conviction of treason or attainder shall work cor- 
ruption of blood or forfeiture of estate. 

§ 6. Supreme court: Justices: Term of office. The supreme court 
shall consist of three justices, a majority of whom shall be necessary to 
make a quorum or pronounce a decision. If a justice of the supreme 
court shall be disqualified from sitting in a cause before said court, or be 
unable to sit therein, by reason of illness or absence, the said court may 
call a district judge to sit in said court on the hearing of such cause. 



Proposed amendment: An amendment to 
this section, proposed '07, p. 592, H. J. R. 
8, and voted upon Nov. 3, 1908, '13, p. 668, 
by which probate courts were to be abol- 
ished, was declared to be no part of the 
((institution on account of noncompliance 
With the requirements for amending. Mc- 
Bee v. Brady (1909) 15 I. 761, 100 P. 97. 

Cited: Ada Co. v. Ryals (1895) 4 I. 365, 
49 P. 556; Dewey v. Schreiber Implement 
Co. (1906) 12 I. 280, 85 P. 921; (In wrlef 
of counsel) Re Sharp (1908) 15 I. 120; 
McBee v. Brady (1909) 15 I. 761, 100 P. 
97; Bash v. Howald (Okla. 1910) 112 P. 
1126; (In syllabus possibly by mistake for 
V, 20) Rowe v. Stevens (1913) 25 I. 237, 
137 P. 159; Idaho P. & L. Co. v. Blomquist 
(1914) 26 I. 222, 141 P. 1083. Ann. Cas. 
1916E 282; Budge v. Gifford (1914) 26 I. 
521, 144 P. 333. 

Investiture of judicial power: Laws 1899, 
p. 345, § 6, which vests in the board of 
medical examiners, created by the act of 
which such section is a part, the power 
to determine what is a reputable school 
of medicine such as to entitle the graduates 
thereof to take the examination for a phy- 
sician's license, does not vest in the board 
such a judicial power as to render the act 
repugnant to this section of the constitu- 
tion. Re Inman (1902) 8 I. 398, 69 P. 120; 
Barton v. Schmershall (1912) 21 I. 562, 
122 P. 385. 

A coroner is not vested with judicial 
authority and does not act as a court in 
holding an inquest but in the performance 
of such duty acts ministerially only. Re 
Sly (1904) 9 I. 779, 76 P. 766. 

Laws 1903, p. 223, §§ 4, 5, providing for 
the appropriation, diversion and adjudi- 
cation of the rights to the use of the waters 
of the state, and which contains certain pe- 
culiar provisions as to the duties of the 



2720 



JUDICIAL DEPARTMENT 



Const. V, 9 



The justices of the supreme court shall be elected by the electors of 
the state at large. The terms of office of the justices of the supreme 
court, except as in this article otherwise provided, shall be six years. 

The justices of the supreme court shall, immediately after the first 
election under this constitution, be selected by lot, so that one shall hold 
his office for the term of two years, one for the term of four years, and 
one for the term of six years. The lots shall be drawn by the justices 
of the supreme court, who shall, for that purpose assemble at the seat of 
government, and they shall cause the result thereof to be certified to by 
the secretary of state and filed in his office. The justice having the 
shortest term to serve, not holding his office by appointment or election 
to fill a vacancy, shall be chief justice, and shall preside at all terms of 
the supreme court, and in case of his absence, the justice having in like 
manner the next shortest term to serve shall preside in his stead. 



Hist. Amendment No. 12, proposed '09, 
p. 441, S. J. R. 7, adopted Nov. 8, 1910, 
effective Nov. 28, 1910, '13 p. 673. The 
amendment consisted of the inserting of 
the second sentence: "If a justice of the 
supreme court shall be disqualified from 
sitting- in a cause before said court, or be 



unable to sit therein, by reason of illness 
or absence, the said court may call a dis- 
trict judge to sit in said court on the hear- 
ing of such cause." 

Cited: Brown v. Miller (1912) 22 I. 307, 
320, 125 P. 981; Budge v. Gifford (1914) 
26 I. 521, 144 P. 333. 



§ 7. Justices prohibited from holding other offices. No justice of 
the supreme court shall be eligible to any other office of trust or profit 
under the laws of this state during the term for which he was elected. 

,Cited: McDougall v. Sheridan (1913) 23 
I. 191, 210, 128 P. 954. 

§ 8. Terms of supreme court. At least four terms of the supreme 
court shall be held anually ; two terms at seat of the state government, 
and two terms at the city of Lewiston, in Nez Perce county. In case of 
epidemic, pestilence, or destruction of court houses, the justices may 
hold the terms of the supreme court provided by this section at other 
convenient places, to be fixed by a majority of said justices. After six 
years the legislature may alter the provisions of this section. 

Cross ref.* Terms and places of holding 

supreme court: §§ 6449-50. 

§ 9. Jurisdiction of supreme court. The supreme court shall have 
jurisdiction to review, upon appeal, any decision of the district courts, 
or the judges thereof. The supreme court shall also have original jur- 
isdiction to issue writs of mandamus, certiorari, prohibition, and habeas 
corpus, and all writs necessary or proper to the complete exercise of 
its appellate jurisdiction. 



Cited: Tootle v. French (1891) 3 I. 1, 
25 P. 1091; Miller v. Smith (1900) 7 I. 
204, 61 P. 824; Wilson v. Bartlett (1900) 7 
I. 269, 62 P. 415; Ponting v. Isaman (1900) 
7 I. 283, 62 P. 680; First Natl. Bk. of Poca- 
tello v. Bunting & Co. (1900) 7 I. 387, 63 
P. 694; Chemung Min Co. v. Hanley (1905) 
11 I. 302, 81 P. 619; Dewey v. Schreiber 
Implement Co. (1906) 12 I. 280, 85 P. 921; 
Dahlstrom v. Portland Min. Co. (1906) 12 
I. 87, 85 P. 916; Eureka Min. etc. Co. v. 
Lewiston Nav. Co. (1906) 12 I. 472, 87 P. 
49; Canadian Bk. of Commerce v. Wood 

(1907) 13 I. 794, 93 P. 257; (in brief of 
counsel) Coeur d'Alene M. Co. v. Woods 

(1908) 15 I. 26; Re Sharp (1908) 15 I. 
120, 96 P. 563, 18 L. R. A. (N. S.) 886. 

Appellate jurisdiction: Where the stat- 
utes fail to provide for an appeal from a 
final judgment of the district court, the 



supreme court will entertain a writ of 
error or other proper writ to bring such 
judgment before it for review. S. v. Reed 
(1893) 3 I. 554, 32 P. 202. 

This section does not give the state the 
right to appeal from a judgment in favor 
of the defendant in a criminal action, in 
the absence of a statute authorizing such 
appeal. S. v. Ridenbaugh (1897) 5 I. 710, 
51 P. 750. 

The right of appeal in a criminal case 
is absolute and in no wise dependent upon 
the innocence or guilt of the defendant. Re 
Neil (1905) 12 I. 749, 87 P. 881. 

Every decision of the district court may 
be reviewed upon appeal, but this provision 
was not intended to give a separate appeal 
from every decision. Maple v. Williams 
(1908) 15 I. 642, 98 P. 848. 

The supreme court has jurisdiction to 



2721 



Const. V, 10 



CONSTITUTION OF IDAHO 



lew upon appeal any decision of the 
district court <>r the judges thereof, but 
this provision of the constitution does not 
make every order or decision that a dis- 
trict court or a judge thereof may make 
directly appealable. When an appeal is 
taken from an appealable order or judg- 
ment to the supreme court, the latter court 
lias jurisdiction and authority to review 
any and all orders and decisions made by 
the trial court, to which the party has duly 
excepted and preserved his exception 
ami objection in the manner and form 
provided by law; and it is this jurisdiction 
and authority that the legislature has no 
power to abridge or interfere with. Utah 
Assn. of Credit men v. Budge (1909) 16 I. 
751, 102 P. 691; Evans S. Bk. v. Skeen 
(1917) 30 I. 703, 167 P, 1165. 
The settled construction of this section 
is that the phrase "any decision" does not 
mean all decisions made by the courts or 
judges thereof during the progress of a 
trial, but only such as are final, or such 
as are specifically provided for by statute 
from which a direct appeal may be taken 
prior to final judgment. Weiser Irr. Dist. 
v. Middle Valley etc. Co. (1916) 28 I. 548, 
155 P. 484. 

The appellate jurisdiction of the supreme 
court is limited to the review of the deci- 
sions of the district courts, or the judges 
thereof, and it cannot entertain an appeal 
directly from the public utilities commis- 
sion. Neil v. Public Utilities Commission, 
32 I. — , 178 P. 271. 

For additional cases construing appellate 
jurisdiction of the supreme court see note 
under § 7152. 

Original jurisdiction: Under '99, p. 33, 
§ 124 (§ 7277) in reference to elections and 
the contest of elections, the supreme court 
has original jurisdiction in the matter of 
a contest of the election of a district 
judge. Under the constitution of this state, 
it is competent for the legislature to au- 
thorize the contesting of elections and to 



prescribe the manner and method of con- 
ducting the same, and to establish or des- 
ignate the court, body, board or tribunal 
before which such contests shall take 
plaee. Toneray v. Budge (1908) 14 I. 621, 
95 P. 26. 

The supreme court has no original juris- 
diction to try any issues involved in an ac- 
tion to quiet title. Lawrence v. Cor- 
beille, 32 I. — , 178 P. 834. 

Writs of prohibition: This section, in 
providing for the issuance of writs of pro- 
hibition, contemplates the issuance of such 
writs with the functions declared and de- 
fined under the existing territorial laws. 
Williams v. Lewis (1898) 6 I. 184, 54 P. 
619. But this case was overruled and it 
was expressly held that the writ of prohi- 
bition authorized by the constitution is 
the common law writ and will not lie to 
restrain purely ministerial acts. Stein v. 
Morrison (1904) 9 I. 426, 75 P. 246. 

Ancillary jurisdiction: The supreme court 
may allow attorneys fees or suit money 
on appeal in a divorce case after the case 
has been filed in that court, when the 
same is necessary to the complete exer- 
cise of its appellate jurisdiction. Roby v. 
Roby (1903) 9 I. 371, 74 P. 957, 3 Ann. 
Cas. 50. 

The supreme court has power to appoint 
a receiver to act pending litigation. Che- 
mung Mining Co. v. Hanley (1905) 11 I. 
302, 81 P. 619. 

While appeal in condemnation suit does 
not stay proceedings, supreme court may 
stay such when the ends of justice require 
it. (Budge, J., dissents.) Blackwell L. 
Co. v. Empire Mills Co. (1916) 29 I. 236, 
158 P. 792, Ann. Cas. 1916E 35. 

When the constitution was adopted juris- 
diction was therein granted to the supreme 
court to issue the writ of certiorari then 
known and in use in the territory of Idaho, 
and none other. Neil v. Public Utilities 
Commission, 32 I. — , 178 P. 271. (Dis. op. 
by Budge, J.) 



§ 10. Jurisdiction over claims against the state. The supreme court 
shall have original jurisdiction to hear claims against the state, but its 
decisions shall be merely recommendatory; no process in the nature of 
execution shall issue thereon ; they shall be reported to the next session 
of the legislature for its action. 



Cited: Payne v. St. Bd. Wag. Rd. 
Comrs\ (1895) 4 I. 384, 39 P. 548; Wis. 
Marine, etc. Co. v. S. (1898) 5 I. 785, 51 
P. 9 83; Geo. H. Fuller Desk Co. v. S. 
(1898) 6 I. 315, 55 P. 857; Bragaw v. 
Gooding (1908) 14 I. 288, 94 P. 438; 
Whiteway v. S. (1911) 19 I. 322, 113 P. 98; 
(Dis. op.) S. v. National Surety Co. (1916) 
29 I. 670, 161 P. 1026. 

Proceedings : The supreme court will 
not hear any claims against the state until 
the same have been passed upon by the 
board of examiners. Pyke v. Steunenberg 
(1897) 5 I. 614, 51 P. 514; Davis v. S. 
(1917) 30 I. 137, 163 P. 373. 

This section does not authorize an ac- 
tion to condemn state lands to a public 
use, but such an action is authorized by R. 
S. § 5212 in conjunction with laws 1899, p. 
381, § 13. Hollister v. S. (1903) 9 I. 8, 
71 P. 541. 

The supreme court will not recommend 



to the legislature the payment of a claim 
against the state, an action on which would 
be barred by the statute of limitations. 
Small v. S. (1904) 10 I. 1, 76 P. 765. 

The word "claims" as used in this sec- 
tion does not include a claim for damages 
caused by carelessness of state's servants, 
and in the absence of a statute making the 
state liable in such cases no liability ex- 
ists. Davis v. S. (1917) 30 I. 137, 163 P. 
373. 

Venue of actions against state institu- 
tions: The supreme court has exclusive 
jurisdiction of actions against the board of 
trustees of a state institution to recover a 
money judgment. Thomas v. S. (1909) 16 
I. 81, 100 P. 761. 

Under this section the supreme court is 
the only tribunal in which the board of 
trustees of the Albion state normal school 
can be sued. Thomas v. S. 16 I. 81, 100 P. 
761. But the regents of the university, 



2722 



JUDICIAL DEPARTMENT 



Const. V, 13 



to the acceptance of the road by the state, 
after which the contractors rebuilt the 
washed out portion, the court rendered a 
decision recommending the payment by the 
legislature of the value of the contractor's 
work. Winters v. S. (1897) 5 I. 198, 47 
P. 855. 

The court gave a decision recommending 
that the legislature pay D for services as 
superintendent of the state capitol grounds, 
under employment of the capitol building 
board, the board of examiners having dis- 
allowed his claim. Daniels v. S. (1908) 15 
I. 640, 98 P. 853. 



created by IX, 10, seem to come in a dif- 
ferent category. Moscow Hdw. Co. v. Re- 
gents of University, 19 I. 420, 113 P. 731; 
Am. Banking Co. v. Regents of University, 
11 I. 163, 81 P. 604; Interstate Const. Co. 
v. Regents of University, 199 F. 5 09; Phoe- 
nix Lbr. Co. v. Regents of University, 197 
F. 425. 

Recommendatory judgments: In proceed- 
ings to obtain a decision recommending the 
payment of a claim for constructing a 
state wagon road, where it appeared that 
the contract price was consumed in paying 
for the original construction of the road 
which was destroyed by high water prior 

§ 11. District courts: Judges and terms. The state shall be divided 
into five judicial districts, for each of which a judge shall be chosen by 
the qualified electors thereof, whose term of office shall be four years. 
And there shall be held a district court in each county, at least twice in 
each year, to continue for such time in each county as may be prescribed 
by law; but the legislature may reduce or increase the number of dis- 
tricts, district judges and district attorneys. This section shall not be 
construed to prevent the holding of special terms under such regulations 
as may be provided by law. 

Cross ref. District attorneys abolished 
by amendment to V, 18. Judicial districts: 
§§ 55-65. Number of district judges: § 495. 

Proposed repeal: A repeal of this sec- 
tion, proposed '07, p. 592, H. J. R. 3, and 
voted upon Nov. 3, 1908, '13, p. 668, was 
declared to be no part of the constitution, 
because not regularly submitted and rati- 
fied. McBee v. Brady (1909) 15 I. 761, 
100 P. 97. 

Cited: Heitman v. Morgan (1905) 10 
I. 562, 79 P. 225; McBee v. Brady (1909) 
15 I. 761, 100 P. 97; Knight v. Trigg 
(1909) 16 I. 256, 100 P. 1060; Joy v. 



Gifford (1912) 22 I. 301, 125 P. 181; Dar- 
ling v. Fremstadt (1912) 22 I. 684, 127 P. 
674; Budge v. Gifford (1914) 26 I. 521, 
144 P. 333. 

Increasing number of judges within dis- 
trict: The power of the legislature to 
provide for more than one district judge 
in a judicial district is not limited by this 
section. It is within the power of the 
legislature to provide for the appointment 
or the election of more than one district 
judge for a judicial district when the 
business of such district requires. Streeter 
v. MacLane (1911) 19 I. 229, 112 P. 1042. 

§ 12. Residence of judges: Holding court out of district. Every 
judge of the district court shall reside in the district for which he is 
elected. A judge of any district court may hold a district court in any 
county at the request of the judge of the district court thereof, and upon 
the request of the governor it shall be his duty to do so ; but a cause in 
the district court may be tried by a judge pro tempore, who must be a 
member of the bar, agreed upon in writing by the parties litigant, or 
their attorneys of record, and sworn to try the cause. 

Cited: Gordon v. Connors (1897) 5 I. 
673, 51 P. 747; Ferguson v. McGuire 
(1909) 17 I. 141, 104 P. 1028. 

Judge pro tern. This section does not 
authorize the appointment of a nonresi- 
dent as a judge pro tern. Bramwell v. 
Guheen (1892) 3 I. 347, 29 P. 110. 

Disqualification of judge: The fact that 
the judge is prejudiced against one of the 
parties is not ground for a change of 
venue, but in such a case the governor 
may direct another judge to preside, and 
the supreme court would make the neces- 



sary order for the enforcement of the gov- 
ernor's direction. (Dis. op.) Day v. Day 
(1906) 12 I. 556, 86 P. 531. 

Substitute judge: Where a district 
judge from one district holds court in an- 
other district and no question is raised as 
to his authority it will be presumed un- 
less the record discloses to the contrary 
that he is lawfully exercising jurisdiction. 
Such jurisdiction is exercised under color 
of authority and is not open to collateral 
attack. Ex parte Allen (1918) 31 I. 295, 
170 P. 921. 



§ 13. Power of legislature respecting courts. The legislature shall 
have no power to deprive the judicial department of any power or juris- 
diction which rightly pertains to it as a coordinate department of the 
government ; but the legislature shall provide a proper system of appeals 
and regulate by law, when necessary, the methods of proceeding in the 



2723 



Const. V, 14 



CONSTITUTION OF IDAHO 



exercise of their powers of all the courts below the supreme court, so 
far as the same may be done without conflict with this constitution. 






Cited: S. v. Title G. & S. Co. (1915) 
21 1. 752, 764, L52 P. 189; (Con. op. S. v. 
Lundhigh (1917) 30 I. 365, 386, 164 P. 
690; Evans S. Bk. v. Skeen (1917) 30 I. 
703, 167 P. 1165; S. v. Grady (1918) 31 
I. L'TL', 170 P. 85; Bergman v. Kearney 
(Nev. 1917) 241 P. 899; Neil v. Public 
Utilities Commission, 32 I. — , 178 P. 271 
(In concurring op. Rice, J.) 

Appeals: The right of appeal as an 
absolute and unqualified right is not con- 
ferred by this section. Re Sharp (1908) 

15 I. 120, 96 P. 563, 18 L. R. A. (N. S.) 
886. 

The legislature has the power to spe- 
cify such orders and decisions as shall be 
directly appealable to the supreme court. 
Utah Assn. of Credit Men v. Budge (1909) 

16 I. 751, 102 P. 691. 

The right to an appeal at law is purely 
statutory, and the legislature may, under 
this section, prescribe in what cases, under 
what circumstances and from what courts 
appeals may be taken, and the manner of 
taking them. In the absence of a statu- 
tory provision so authorizing, an order 
denying a motion to bring in additional 
water users on a stream as parties to an 
action is not appealable before final judg- 
ment. Weiser Irr. Dist. v. Middle Valley 
etc. Co. (1916) 28 I. 548, 155 P. 484. 

A proper system of appeals under this 
article includes not only the character of 
the record to be used upon appeal but 
also the questions which may be raised 
by the record. S. v. Maguire (1917) 31 
I. 24, 169 P. 175; Boise-Payette L. Co. v. 
McCarthy (1918) 31 I. 305, 170 P. 920. 

Contempts: The legislature has not the 
authority to restrict the inherent power 
of a court of record to punish for con- 
tempt and it can not abridge such power. 



McDougall v. Sheridan (1913) 23 I. 191, 
128 P. 954. 

Expenses of court: Courts of justice 
have the inherent power and authority to 
incur and order all such expenses as are 
necessary for the holding of court and 
the discharge of the duties thereof in the 
administration of justice. Schmelzel v. 
Comrs. of Ada Co. (1909) 16 I. 32, 100 P. 
106, 133 A. S. R. 89, 21 L. R. A. (N. S.) 
199. 

Jurisdiction: This provision is a re- 
striction upon the power of the legislature 
to limit the jurisdictional conferred by the 
constitution upon the judicial department. 
The legislature has no power to prescribe 
a jurisdiction for the district courts less 
broad than contained in V, 20. Pox v. 
Flynn (1915) 27 I. 580, 150 P. 44. 

Legislature can not deprive supreme 
court of its discretionary power to stay 
proceedings when justice requires it. 
Blackwell D. Co. v. Empire Mill Co. (1916) 
29 I. 236, 158 P. 792. 

The probate court has same control 
over children's home finding and aid so- 
ciety as guardian as it would over any 
other guardian and this power is one 
which legislature can not take from the 
court. Jain v. Priest (1917) 30 I. 273, 
164 P. 364. 

Other departments: This section was 
intended to preserve to the judicial de- 
partment the right and power to finally 
determine controversies between parties 
involving their rights and upon whose 
claims some determination or judgment 
must be made, and was not intended to 
prohibit other departments of the state 
government than the judicial from ex- 
ercising some judicial or quasi-judicial 
functions. McKnight v. Grant, 13 I. 62 9, 
92 P. 989, 121 A. S. R. 287. 



§ 14. Special courts in cities and towns. The legislature may pro- 
vide for the establishment of special courts for the trial of misdemean- 
ors in incorporated cities and towns where the same may be necessary. 

Cited: Budge v. Gifford (1914) 26 I. 
521, 144 P. 333. 

§ 15. Clerk of supreme court. The clerk of the supreme court shall 
be appointed by the court, and shall hold office during the pleasure of 
the court. He shall receive such compensation for his services as may 
be provided by law. 

§ 16. Clerks of district court. The clerk of the district court for 
each county shall be elected by the qualified voters thereof at the time 
and in the manner prescribed by law for the election of members of the 
legislature, and shall hold his office for the term of four years. 

Cited: Hillard v. Shoshone Co. (1891) 
3 i; 103, 27 P. 678; U. S. v. Anderson 
(1909) 169 P. 204. 

§ 17. Salaries of justices and judges. The salary of the justices of 
the supreme court, until otherwise provided by the legislature, shall be 
three thosand dollars each per annum, and the salary of the judges of 
the district court, until otherwise provided by the legislature, shall be 
three thousand dollars each per annum, and no justice of the supreme 
court or judge of the district court, shall be paid his salary, or any part 



2724 



JUDICIAL DEPARTMENT 



Const. V, 20 



thereof, unless he shall have first taken and subscribed an oath that 
there is not in his hands any matter in controversy not decided by him 
which had been finally submitted for his consideration and determina- 
tion, thirty days prior to the taking and subscribing such oath. 



Proposed amendment: An amendment 
to this section, proposed '07, p. 592, H. J. 
R. 3, and voted upon Nov. 3, 1908, '13, p. 
668, increasing the salary of supreme court 
justices and leaving- the fixing of the sal- 
ary of district judges entirely to the legis- 
lature, was declared to be no part of the 
constitution on account of noncompliance 
with the requirements for amending. Mc- 
Bee v. Brady (1909) 15 I. 761, 100 P. 97. 



Cross ref. Salaries of judges: § 406. 

Cited: Woods v. Bragaw (1907) 13 I. 
607, 92 P. 576; McBee v. Brady (1909) 
15 I. 761, 100 P. 97. 

Prompt decision: After a case has been 
submitted for decision to a judge or court, 
a prompt decision must be rendered. Mc- 
Gary v. Steele (1911) 20 I. 753, 119 P. 

448. 



§ 18. Prosecuting attorneys. A prosecuting attorney shall be elected 
for each organized county in the state, by the qualified electors of such 
county, and shall hold office for the term of two years, and shall per- 
form such duties as may be prescribed by law ; he shall be a practicing 
attorney at law, and a resident and elector of the county for which he is 
elected. He shall receive as compensation for his services a sum not 
less than five hundred dollars per annum, nor more than fifteen hundred 
dollars per annum, to be fixed by the board of commissioners of the 
county at its regular session in July next preceding any general election, 
and to be paid in quarterly instalments out of the county treasury. 



Hist. Amendment No. 3, proposed '95, 
p. 236, adopted Nov. 3, 1896, effective 
Nov. 27, 1896. 

The section originally read: 

§ 18. A district attorney shall be elect- 
ed for each judicial district by the quali- 
fied electors thereof, who shall hold of- 
fice for the term of four years, and per- 
form such duties as may be prescribed 
by law. He shall be a practicing attor- 
ney at law and a resident and elector of 
the district. He shall receive as compen- 
sation for his services twenty-five hun- 
dred dollars per annum. 

Cited: Meller v. Board of Commission- 
ers (1894) 4 I. 44, 35 P. 712; Conger v. 
Board of Commissioners (1897) 5 I. 347, 
48 P. 1064; S. v. McGann (1901) 8 I. 40, 
66 P. 823; Cleary v. Kincaid (1913) 23 I. 



789, 131 P. 1117; (Dis. op.) Prichard v. 
McBride (1916) 28 I. 346, 353, 154 P. 624. 

Amendment not self executing: The 

amendment to this section substituting 
county prosecuting attorneys for the dis- 
trict attorneys was not self executing, but 
required legislation to give it force and 
effect, and did not go into operation until 
the time fixed by law for county officers 
to qualify and enter upon the discharge of 
their duties. (Con. op.) Hays v. Hays 
(1897) 5 I. 154, 47 P. 732. 

Salary not subject to increase: Fore- 
closing delinquent tax liens for the county 
is the official duty of the prosecuting at- 
torney, for which he is entitled to no ad- 
ditional compensation. Givens v. Carlson 
(1916) 29 I. 133, 157 P. 1120. 



§ 19. Vacancies: How filled. All vacancies occurring in the offices 
provided for by this article of the constitution shall be filled as provided 
by law. 



District judge: The office of district 
judge becomes vacant upon the creation of 
an additional district in which no district 
judge resides. A newly created office which 
is not filled by the legislative act creating 
the same and for which no provision is 
made by the act for filling the sam%, be- 
comes vacant on the instant of its cre- 
ation. Knight v. Trigg (1909) 16 I. 256, 
100 P. 1060. 



Supreme justice: The appointment to 
fill a vacancy in the office of supreme jus- 
tice being otherwise provided for in the 
constitution, and such appointment being 
vested solely in the governor, this has no 
application whatever to such vacancy, and 
the legislature is given no power whatever 
by the constitution to deprive the gov- 
ernor of the right of such appointment. 
Budge v. Gifford (1914) 26 I. 521, 144 
P. 333. 



§ 20. Jurisdiction of district court. The district court shall have or- 
iginal jurisdiction in all cases, both at law and in equity, and such appel- 
late jurisdiction as may be conferred by law. 



Proposed amendment: An amendment 
to this section, proposed '07, p. 592, H. J. 
R. 3, and voted upon Nov. 3, 1908, '13, p. 
6 68, by which the district court was in- 
vested with probate jurisdiction was de- 
clared to be no part of the constitution 
on account of noncompliance with the re- 



quirements for amending. McBee v. 
Brady (1909) 15 I. 761, 100 P. 97. 

Cited: Murphy v. Russell & Co. (1901) 
8 I. 151, 67 P. 427; First Nat. Bk. of 
Hailey v. Glenn (1904) 10 I. 224, 77 P. 
623; Dewey v. Schreiber Implement Co. 
(1906) 12 I. 280, 85 P. 921; Vane v. Jones 



2725 



Const. V, 21 



CONSTITUTION OF IDAHO 



(1907) 13 I. 21, S8 P. 1058; (In brief of 
counsel) Pierson v. S. Bd. of Land Comrs. 

(1908) 11 I. 159; Re Sharp (1908) 15 I. 
120, 96 P. 563, 18 L. R. A. (N. S.) 886; 
Smith v. Clyne (1908) 15 I. 254, 97 P. 40; 
Mr Bee v. Brady (1909) 15 I. 761, 100 P. 
97; McCormick v. Smith (1913) 23 I. 487, 
493. 130 P. 999; Kent v. Dalrymple (1913) 
23 I. 694, 132 P. 301; Connolly v. Probate 
('..nit (1913) 25 I. 35, 136 P. 205; Rowe v. 
Stevens (1913) 25 I. 237, 246, 137 P. 159; 
Hodges v. Tucker (1914) 25 I. 563, 138 
P. 1139; S. v. Dunlap (1916) 28 I. 784, 
156 P. 1141; Skeen v. District Court (1916) 
29 1. 331, 158 P. 1072; S. v. Cowen 
(1916) 29 I. 783, 788, 162 P. 674; Neil v. 
Public Utilities Commission, 32 I. — , 178 
P. 271. 

Jurisdiction: Legislature has no power 
to prescribe a jurisdiction for the dis- 
trict courts less broad than contained here- 
in. Fox v. Flynn (1915) 27 I. 580, 150 P. 
44. 

Original jurisdiction: At the time of 
the adoption of the constitution of this 
state, an election contest, as such, was 
neither recognized by the common law nor 
the statute law as a "case either at law or 
in equity," and such a proceeding is there- 
fore not necessarily included within the 
original jurisdiction of district courts. 
Toncray v. Budge (1908) 14 I. 621, 95 P. 
26. 

Proceeding in probate and guardianship 
matters in the probate court are not cases 
at law and equity within the meaning of 
this section. (On rehearing) Est. of Mc- 
Vay (1908) 14 I. 64, 93 P. 31; Idaho Trust 
Co. v. Miller (1909) 16 I. 308, 102 P. 360. 

Concurrent jurisdiction: The district 



court has concurrent original jurisdiction 
with justices' courts over actions for a vio- 
lation of the two-mile limit law. Risse v. 
Collins (1906) 12 I. 689, 87 P. 1006. 

The jurisdiction of the district court and 
justices' courts in misdemeanor cases of 
which a justice's court has original juris- 
diction is a coordinate and concurrent 
jurisdiction. S. v. Raaf (1909) 16 I. 411, 
101 P. 747. 

District courts have original jurisdiction 
in all misdemeanor cases, including such 
misdemeanors as are cognizable in the 
first instance by probate or justices' courts. 
Fox v. Flynn (1915) 27 I. 580, 150 P. 44. 

Kquitable jurisdiction: Equitable juris- 
diction exists and will be exercised in all 
cases and under all circumstances where 
the remedy at law is not adequate, com- 
plete and certain, so as to meet the re- 
quirements of justice. Coleman v. Jag- 
gers (1906) 12 I. 125, 85 P. 894. 

Appellate jurisdiction: Under this sec- 
tion the legislature is the sole and exclu- 
sive judge as to the extent and scope of 
the appellate jurisdiction that it will con- 
fer upon district courts. It may limit it 
to any case, or class of cases, or subject 
matter, or it may not grant any at all; but 
the legislature can not grant to the dis- 
trict court original jurisdiction to hear 
and determine matters of probate and set- 
tlement of estates of deceased persons. 
(On rehearing) Est. of McVay (1908) 14 
I. 64, 93 P. 31. 

District court has appellate jurisdiction, 
with power to try de novo all probate 
matters. Fraser v. Davis (1916) 29 I. 
70, 156 P. 913. 

§ 21. Jurisdiction of probate courts. The probate courts shall be 
courts of record, and shall have original jurisdiction in all matters of 
probate, settlement of estates of deceased persons, and appointment of 
guardians; also jurisdiction to hear and determine all civil cases wherein 
the debt or damage claimed does not exceed the sum of five hundred 
dollars, exclusive of interest, and concurrent jurisdiction with justices 
of the peace in criminal cases. 



Proposed repeal: A repeal of this sec- 
tion, proposed '07, p. 592, H. J. R. 3, and 
voted upon Nov. 3, 1908, '13, p. 668, was 
declared to be no part of the constitution 
on account of noncompliance with the 
requirements for amending. McBee v. 
Brady (1909) 15 I. 761, 100 P. 97. 

Cited: Toncray v. Budge (1908) 14 I. 
621, 95 P. 26; McBee v. Brady (1909) 15 
I. 761, 100 P. 97; S. v. Raaf (1909) 16 I. 
411, 101 P. 747; Idaho Trust Co. v. Mil- 
ler (1909) 16 I. 308, 311, 102 P. 360; 
Kent v. Dalrymple (1913) 23 I. 694, 132 
P. 301; Budge v. Gifford (1914) 26 I. 521, 
144 P. 333; Fox v. Flynn (1915) 27 I. 
580, 150 P. 44; S. v. Frederic (1916) 28 
I. 709, 155 P. 977; Hanson v. Morrison 
(1917) 30 I. 422, 165 P. 521. 

Jurisdiction! This section does not au- 
thorize the legislature to extend the juris- 
diction of probate courts to actions for 
the enforcement of mechanics' and labor- 
ers' liens, mortgages and other liens upon 
real property; probate courts have no 
equity jurisdiction except such as they 
may have in matters of probate, settle- 
ment of estates and appointment of guar- 



dians. Dewey v. Schreiber Imp. Co. (1906) 
12 I. 280, 85 P. 921. 

Authorizing a probate judge to order 
publication of summons in the district 
court does not confer upon the probate 
court a jurisdiction in excess of that given 
it by the constitution. McKnight V. Grant 
(1907) 13 I. 629, 92 P. 989, 121 A. S. R. 
287. 

The probate court has no jurisdiction to 
appoint an appraiser under the inheritance 
tax ^aw unless proceedings to probate the 
estate are pending in that court or the 
decedent has left an estate subject to pro- 
bate in Idaho. (Sullivan, C. J. dissents.) 
S. v. Dunlap (1916) 28 I. 784, 156 P. 1141. 

A provision in a legislative act that a 
homeflnding society shall continue guar- 
dian during minority of children unless 
guardianship is cancelled by the board of 
directors of the society, can not have the 
effect of depriving the probate court of 
control over the society as guardian. Jain 
v. Priest (1917) 30 I. 273, 164 P. 364. 

Courts of record: When: Probate courts 
are courts of record with original juris- 
diction in all matters of probate and set- 



2726 



JUDICIAL DEPARTMENT 



Const. V, 24 



tlement of estates, and their orders and 
judgments in regard to such matters can 
not be collaterally attacked, and can only 
be reviewed by proper motion in such 
courts or by appeal from their decisions. 
(Overruling Ethell v. Nicholls, 1 I. 741.) 
Clark v. Rossier (1904) 10 I. 348, 78 P. 
358; Connolly v. Probate Court (1913) 25 
I. 35, 47, 136 P. 206; Fraser v. Davis 
(1916) 29 I. 70, 156 P. 913. 

This section grants to the probate court 
exclusive original jurisdiction in all mat- 
ters of probate, and as to such matters, the 
probate court is a court of record, and to 
the judgments, records and proceedings of 
which absolute verity is attached. (On 
rehearing) Est. of McVay (1908) 14 I. 64, 
93 P. 31. 

Probate courts are courts of record in 
the matter of appointment of guardians. 
It is competent for the legislature to au- 
thorize probate courts to investigate 

§ 22. Jurisdiction of justices of the peace. In each county of this 
state there shall be elected justices of the peace as prescribed by law. 
Justices of the peace shall have such jurisdiction as may be conferred 
by law, but they shall not have jurisdiction of any cause wherein the 
value of property or the amount in controversy exceeds the sum of 
three hundred dollars, exclusive of interest, nor where the boundaries 
or title to any real property shall be called in question. 



charges preferred concerning delinquent 
children and to make all necessary orders 
in relation thereto. Re Sharp (1908) 15 
I. 120, 96 P. 563, 18 L,. R. A. (N. S.) 886. 
Probate courts are courts of record only 
in the exercise of their probate and ad- 
ministrative jurisdiction. Dewey v. 
Schreiber Imp. Co. (1906) 12 I. 280, 85 
P. 921. 

Criminal jurisdiction: Probate courts 
can not be given by the legislature any 
greater or any less or any other jurisdic- 
tion than the criminal jurisdiction of 
justices' court without violating this sec- 
tion. S. v. Drury (1914) 25 I. 787, 139 
P. 1129. 

Right of appeal: This section confers 
no absolute right of appeal from an order 
or judgment of a probate court, but leaves 
it to the descretion of the legislature. Re 
Sharp (1908) 15 I. 120, 96 P. 563, 18 L. R. 
A. (N. S.) 886. 



Cited: Johnston v. Savidge (1905) 11 I. 
204, 81 P. 616; S. v. Noyes (1908) 15 I. 
241, 96 P. 435; Budge v. Gifford (1914) 
26 I. 521 ,528, 144 P. 333; S. v. Frederic 
(1916) 28 I. 709, 155 P. 977. 

Criminal jurisdiction: Under § 9 of the 
organic act which provided, among other 
things, that justices of the peace should 
not have jurisdiction when the debt or 
sum claimed exceeds $100, it was held that 
the legislature could not confer upon jus- 
tices of the peace jurisdiction over offenses 
punishable by fine not exceeding $500. 
P. v. Maxon (1870) 1 I. 330. 

The constitution does not undertake to 
in any manner fix or prescribe the juris- 
diction of justices' courts in criminal cases, 
but leaves that entirely to the legislature; 
nor does it place any limitation upon the 
power of the legislature in conferring 
criminal jurisdiction on justices of the 
peace. S. v. Raaf (1909) 16 I. 411, 101 P. 
747; overruled, Fox v. Flynn, infra. 

This and the preceding section taken in 
connection with I, 8, limit the jurisdiction 
of probate and justices' courts in criminal 



matters. The legislature can not confer on 
such courts jurisdiction in felony cases. 
It was intended to limit their jurisdiction 
in misdemeanor cases to such misdemean- 
ors as were triable in such courts and 
under the statutes as they existed prior to 
the adoption of the constitution. Fox v. 
Flynn (1915) 27 I. 580, 150 P. 44, over- 
ruling S. v. Raaf, supra. 

( Civil jurisdiction: This section does not 
extend the jurisdiction of justices to ac- 
tions involving $300 exclusive of interest, 
in the fact of R. S. § 3851 which fixes the 
jurisdiction at $300 inclusive of interest, 
but merely prohibits the legislature from 
fixing the sum in excess of $300 exclu- 
sive of interest. Quayle v. Glenn (1899) 
6 I. 549, 57 P. 308. 

Cases involving- title to real estate: The 

phrases, "called in question" and "put in 
issue," evidently are intended to have the 
same meaning and application, that is, 
that justices' courts have no jurisdiction 
in an action in which the title to real prop- 
erty must necessarily be determined. Ham- 
mer v. Garrett (1909) 15 I. 657, 99 P. 124. 



§ 23. Qualifications of district judges. No person shall be eligible 
to the office of district judge unless he be learned in the law, thirty 
years of age, and a citizen of the United States, and shall have resided 
in the state or territory at least two years next preceding his election, 
nor unless he shall have been at the time of his election, an elector in 
the judicial district for which he is elected. 



Cited: Shepherd v. Grimmett (1892) 3 
I. 403, 31 P. 793; Toncray v. Budge (1908) 



14 I. 621, 95 P. 26; Knight v. Trigg (1909) 
16 I. 256, 264, 100 P. 1060. 



§ 24. Judicial districts enumerated. Until otherwise provided by 
law, the judicial districts shall be five in number, and constituted of the 
following counties, viz : First district, Shoshone and Kootenai ; second 
district, Latah, Nez Perce and Idaho ; third district, Washington, Ada, 



2727 



Vol. Ill— 5 



Const. V. 25 



CONSTITUTION OF IDAHO 



Boise and Owyhee; fourth district, Cassia, Elmore, Logan and Alturas; 
fifth district, Bear Lake, Bingham, Oneida, Lemhi and Custer. 



Proposed amendment: An amendment 
to this lection, proposed '07, p. 592, H. J. 
I:. 8, and voted upon Nov. 3, 1908, '13, p. 
668. by which each county was to be a 
judicial district, was declared to be no 
part of the constitution, on account of 
noncompliance with the requirements for 



amending. McBee v. Brady (1909) 15 I. 
761, 100 P. 97. 

Cross ref. The present districts are de- 
fined in §§ 55-65. 

Cited: McBee v. Brady (1909) 15 I. 761, 
100 P. 97; Knight v. Trigg (1909) 16 I. 
256, 264, 100 P. 1060. 



§ 25. Defects in laws to be reported by judges. The judges of the 
district courts shall, on or before the first day of July in each year, re- 
port in writing to the justices of the supreme court, such defects or 
omissions in the laws as their knowledge and experience may suggest, 
and the justices of the supreme court shall, on or before the first day of 
December of each year, report in writing to the governor, to be by him 
transmitted to the legislature, together with his message, such defects 
and omissions in the constitution and laws as they may find to exist. 

§ 26. Court procedure to be general and uniform. All laws relating 
to courts shall be general and of uniform operation throughout the 
state, and the organized judicial powers, proceedings, and practices of 
all the courts of the same class or grade, so far as regulated by law, and 
the force and effect of the proceedings, judgments, and decrees of such 
courts, severally, shall be uniform. 



Laws relating to courts: Laws '03, p. 
22 3, providing for the appropriation, di- 
version and adjudication of the rights to 
the use of the waters of the state, and 
which contains certain peculiar provisions 
as to the duties of the state engineer, the 
apportionment of costs, the preparation 
and use of maps as evidence, etc., in pro- 
ceedings for the adjudication of water 
rights, is not repugnant to this section. 
(Stockslager, J., dissents.) Boise Irr. 
etc. Co. v. Stewart (1904) 10 I. 38, 77 P. 
25, 321. 

Section 34, '03, p. 223, relative to the 
distribution of water and adjudication of 
water rights, which authorizes a suit for 
adjudication of water rights to be brought 
against "all claimants of a right to the 



use of the water" of the stream in ques- 
tion, without naming the defendants, or 
requiring any effort for personal service on 
such defendants as might be found, is re- 
pugnant to this section. Bear Lake Co. v. 
Budge (1904) 9 I. 703, 75 P. 614. 

'03, § 35, which requires the costs and at- 
torneys' fees in a suit to adjudicate the 
waters of a stream, to be paid by the coun- 
ty, is repugnant to this section. lb. 

'03, § 36, which provides that during the 
pendency of an action to adjudicate the 
waters of a stream, the use of the water 
shall be under the control of the water 
commissioner and that he shall be author- 
ized to issue all needful rules for the dis- 
tribution of the water to the defendants, is 
repugnant to this section. lb. 



§ 27. Change in compensation of officers. The legislature may by 
law diminish or increase the compensation of any or all of the following 
officers, to wit: Governor, lieutenant governor, secretary of state, state 
auditor, state treasurer, attorney general, superintendent of public in- 
struction, commissioner of immigration and labor, justices of the su- 
preme court, and judges of the district courts and district attorneys, 
but no diminution or increase shall affect the compensation of the of- 
ficer then in office during his term. Provided, however, That the legis- 
lature may provide for the payment of actual and necessary expenses 
of the governor, secretary of state, attorney general, and superintendent 
of public instruction incurred while in performance of official duty. 

Cited: Woods v. Bragaw (1907) 13 I. 
607, 92 P. 576. 



2728 



SUFFRAGE AND ELECTIONS 



Const. VI, 2 



ARTICLE VI. 
SUFFRAGE AND ELECTIONS. 



Section 

1. Secret ballot guaranteed. 

2. Qualifications of electors. 

3. Disqualification of certain persons. 

4. Legislature may prescribe additional 
qualifications. 



Section 

5. Residence for voting purposes not 
lost or gained. 

6. Recall of officers authorized. 



§ 1. Secret ballot guaranteed. All elections by the people must be 
by ballot. An absolutely secret ballot is hereby guaranteed, and it shall 
be the duty of the legislature to enact such laws as shall carry this sec- 
tion into effect. 



Cited: Ferbrache v. Drainage Dist. (1912) 
23 I. 85, 128 P. 553, 44 L. R. A. (N. S.) 
538, Ann. Cas. 1915C 43. 

Applied: Where an auditor of a coun- 
ty furnished ballots to the election officers 
of the several precincts of his county, and 
the ballots so furnished had been num- 
bered consecutively from 1 to 15,000, and 
the number contained on each ballot cor- 
responded with the number on the stub to 
that ballot, and the error, mistake or 
wrongful act in numbering the ballots 
was not known to the electors, and the 
same was done without their knowledge or 
consent, and no opportunity was presented 
to the electors for having the error cor- 
rected, and the election was held by using 
such ballots in the several precincts of the 
county, the election will not be held void, 



either upon the ground that the numbering 
was an invasion of the constitutional se- 
crecy of the ballot guaranteed to the peo- 
ple, nor upon the ground that the ballots 
contained distinguishing marks. McCrane 
v. Nez Perce Co. (1910) 18 I. 714, 112 P. 
312, Ann. Cas. 1912A 165, 32 L. R. A. (N. 
S.) 730. 

This section which provides for a secret 
ballot, is applicable to elections held in an 
irrigation district, under the laws of the 
state. An act providing that each voter 
may vote and have his ballot marked ac- 
cording to acreage of land owned by him 
and according to the number of inches of 
water used by him within the district, vio- 
lates the provisions of the constitution. 
Pioneer Irr. Dist. v. Walker (1911) 20 I. 
605, 119 P. 304. 



§ 2. Qualifications of electors. Except as in this article otherwise 
provided, every male or female citizen of the United States, twenty-one 
years old, who has actually resided in this state or territory for six 
months, and in the county where he or she offers to vote, thirty days 
next preceding the day of election, if registered as provided by law, is 
a qualified elector; and until otherwise provided by the legislature, 
women who have the qualifications prescribed in this article may contin- 
ue to hold such school offices and vote at such school elections as pro- 
vided by the laws of Idaho territory. 



Hist. S. J. R. No. 2, '95, p. 232, adopted 
Nov. 3, 1896, effective Nov. 27, 1896. The 
section originally read: 

Sec. 2. Except as in this article other- 
wise provided, every male citizen of the 
United States, twenty-one years old, who 
has actually resided in the state, or terri- 
tory, for six months, and in the county 
where he offers to vote, thirty days, next 
preceding - the day of election, if registered 
as provided by law, is a qualified elector; 
and until otherwise provided by the legis- 
Iture, women who have the qualifications 
prescribed in this article, may continue to 
hold such school offices and vote at such 
school elections as provided by the laws of 
Idaho territory. 

Cited: Powell v. Spackman (1901) 7 1. 
693, 65 P. 503, 54 L. R. A. 378. 

Registration unnecessary: Registration 
is not a substantive qualification of an 
elector in this state. Registration is in- 
tended only as a regulation of the exercise 
of the right of suffrage and not as a quali- 
fication for such right. The terms "elec- 
tor" and "qualified elector" are used inter- 
changeably, and an elector is a qualified 



elector. (Quarles, J., dissents.) Wilson 
v. Bartlett (1900) 7 I. 271, 62 P. 416. 

There is no constitutional requirement 
that registration must be had for elections 
in special municipal corporations created 
by legislative enactment, such as irriga- 
tion districts, drainage districts and good 
roads districts, and such registration is en- 
tirely left to the legislature. Shoshone 
Highway Dist. v. Anderson (1912) 22 I. 
109, 126,; 125 P. 219. 

Registration Irregularities: A strict 

literal compliance with registration law 
will not be required in the absence of 
fraud or intentional wrongdoing. Huffaker 
v. Edgington (1917) 30 I. 179, 163 P. 793. 

Registration: Qualification of voters: 

The legislature could not authorize per- 
sons to vote who have ceased to be citi- 
zens of the county and state, even though 
they be registered. Knight v. Trigg (1909) 

16 I. 256, 100 P. 1060. 

This section commits the subject of reg- 
istration of voters entirely to the legis- 
lature, within constitutional limitations. 
Gillesby v. Comrs. of Canyon Co. (1910) 

17 I. 586, 107 P. 71. 



2729 



Const. VI, 3 CONSTITUTION OF IDAHO 

Qualifications or voters: An act pre- general election, and is not infringed by a 

Bcribing residence within the state as suf- provision of a municipal charter imposing: 

lk it nt to qualify a voter at an elect. on a property qualification on the right to vote 

within ;i district is in violation of this sec- on the question of incurring a municipal 

tion of the constitution. Pioneer Irr. Dist. indebtedness. Wiggin v. Lewiston (1902) 

v. Walker (1911) 20 I. 605, 119 P. 304. 8 I. 527, 69 P. 286. 

The act of '17, c. 47, p. 106, declared iin Disqualifications: No disqualification to 

conflict with provisions of this section and hold office on account of sex, which may 

3 and 4 following, in that it purports to exist under this section, can be raised in a 

qualify as electors those who belong to proceeding, instituted after the wrongful 

elasses prohibited and disqualified by the removal of the officer, to compel her to 

constitution. Griffith v. Owens (1917) 30 deliver the papers of the office to her al- 

I. 64 <, 166 P. 922. leged successor. Kendrick v. Nelson (1907) 

Bond elections: This section only pre- 13 I. 244, 89 P. 755. 
scribes the qualifications of a voter at a 

§ 3. Disqualification of certain persons. No person is permitted to 
vote, serve as a juror, or hold any civil office who is under guardianship, 
idiotic, or insane, or who has, at any place, been convicted of treason, 
felony, embezzlement of the public funds, bartering or selling, or offer- 
ing to barter or sell his vote, or purchasing or offering to purchase the 
vote of another, or other infamous crime, and who has not been restored 
to the rights of citizenship, or who, at the time of such election, is con- 
fined in prison on conviction of a criminal offense, or who is a bigamist, 
or polygamist, or is living in what is known as patriarchal, plural or 
celestial marriage, or in violation of any law of this state, or of the 
United States, forbidding any such crime ; or who, in any manner, 
teaches, advises, counsels, aids, or encourages any person to enter into 
bigamy, polygamy, or such patriarchal, plural, or celestial marriage, or 
to live in violation of any such law, or to commit any such crime ; or who 
is a member of or contributes to the support, aid, or encouragement of 
any order, organization, association, corporation or society, which teach- 
es, advises, counsels, encourages, or aids any person to enter into big- 
amy, polygamy, or such patriarchal or plural marriage, or which teaches 
or advises that the laws of this state prescribing rules of civil conduct, 
are not the supreme law of the state ; nor shall Chinese, or persons of 
Mongolian descent, not born in the United States, nor Indians not taxed, 
who have not severed their tribal relations and adopted the habits of 
civilization, either vote, serve as jurors, or hold any civil office. 

Cited: Powell v. Spackman (1901) 7 I. people and their representatives in the 
693, 65 P. 503, 54 L. R. A. 378; Adams v. constitutional convention in adopting this 
Lansdon (1910) 18 I. 483, 110 P. 280; (In section was to suppress and forever pro- 
brief of counsel) Barton v. Alexander hibit and discountenance bigamy and 
(1915) 27 I. 2 86, 287; Griffith v. Owens polygamy in the state of Idaho, under 
(1917) 30 I. 647, 166 P. 922. whatever name or distinction it might be 

Applied: The language of this section given, and under whatever doctrine or 

relating to bigamy and polygamy, is simi- creed it might be recognized, taught or 

lar to R. S. §§ 501, 5 04. These sections practiced by any person or organizations, 

forbidding bigamists and polygamists to Toncray v. Budge (1908) 14 I. 621, 623, 

vote, and requiring an oath by the voter 647, 95 P. 26. 

that he is not a member of an order that Requirement of test oath: This section 

teaches the commission of these crimes, is not violated by the act of February 25, 

are valid. Davis v. Beason (1890) 133 U. 1891, prescribing a test oath containing 

S. 333, 33 L. ed. 637, 10 S. C. R. 299. conditions of suffrage additional to those 

Construed: This section is self-executing. prescribed by this section. Shepherd v. 

The principal and primary object of the Grimmett (1892) 3 I. 403, 31 P. 793. 

§ 4. Legislature may prescribe additional qualifications. The legis- 
lature may prescribe qualifications, limitations, and conditions for the 
right of suffrage additional to those prescribed in this article, but shall 
never annul any of the provisions in this article contained. 

Cited: Powell v. Spackman (1901) 7 I. 119 P. 304; Perbrache v. Drainage Dist. 

693, 65 P. 503, 54 L. R. A. 378; Toncray (1912) 23 I. 85, 128 P. 553, 44 L. R. A. (N. 

v. Budge (1908) 14 I. 621, 95 P. 26; Pio- S.) 538, Ann. Cas. 1915C 43; Griffith V. 

lieer Irr. Dist. v. Walker (1911) 20 I. 605, Owens (1917) 30 I. 647, 166 P. 922. 

2730 



FINANCE AND REVENUE 



Const. VII, 2 



First and second choice: Under our con- 
stitution the legislature has the right to 
prescribe the "limitations and conditions" 
under which the right of suffrage may be 
exercised, and it was within the legislative 
discretion and power to say to every citi- 
zen that he shall under certain circum- 
stances, if he votes at all, indicate both a 
first and a second choice for an officer. 
Adams v. Lansdon (1910) 18 I. 483, 110 
P. 280. 



Requirement of test oath: This section 
authorizes the legislature to prescribe a 
test oath as a condition of suffrage, em- 
bracing clauses additional to those con- 
tained in § 3 of this article. Shepherd v. 
Grimmett (1892) 3 I. 408, 31 P. 793. 

Property qualifications: This section is 
sufficiently broad to empower the legisla- 
ture to prescribe property qualifications on 
the right to vote in elections to create an 
indebtedness. Wiggin v. Lewiston (1902) 
8 I. 527, 69 P. 286. 

§ 5. Residence for voting purposes not lost or gained. For the pur- 
pose of voting, no person shall be deemed to have gained or lost a resi- 
dence by reason of his presence or absence while employed in the ser- 
vice of this state, or of the United States, nor while engaged in the navi- 
gation of the waters of this state or of the United States, nor while a 
student of any institution of learning, nor while kept at any alms house 
or other asylum at the public expense. 



the county and precinct in which such in- 
stitution is located. (Sullivan, J., dis- 
sents.) Powell v. Spackman (1901) 7 I. 
693, 65 P. 503, 54 L. R. A. 378. 



Inmates of soldiers' home: Under the 
provisions of this section, inmates of the 
soldiers' home can not acquire, by reason 
of their presence in such home, and while 
kept at public expense, the right to vote in 

§ 6. Recall of officers authorized. Every public officer in the state 
of Idaho, excepting the judicial officers, is subject to recall by the legal 
voters of the state or of the electoral district from which he is elected. 
The legislature shall pass the necessary laws to carry this provision into 
effect. 

Hist. Amendment No. 19, adding § 6 R. 19, adopted Nov. 5, 1912, effective Nov. 
to article VI, proposed '11, p. 790, H. J. 25, 1912, '13, p. 677. 



ARTICLE VII. 
FINANCE AND REVENUE. 



Section 

1. Fiscal year. 

2. Revenue to be provided by taxation. 

3. Property to be denned and classified. 

4. Public property exempt from taxation. 

5. Taxes to be uniform: Exemptions. 

6. Municipal corporations to impose 
their own taxes. 

7. State taxes to be paid in full. 

8. Corporate property must be taxed. 

9. Maximum rate of taxation. 



Section 

10. Making profit from public money pro- 
hibited. 

Expenditure not to exceed appropria- 
tion. 

State board of equalization. 
Money: How drawn from treasury. 
Same: How drawn from county 
treasury. 

Legislature to provide system of 
county finance. 
Legislature to pass necessary laws. 



11. 

12. 
13. 
14. 

15. 

16. 



§ 1. Fiscal year. The fiscal year shall commence on the second 
Monday of January in each year, unless otherwise provided by law. 

Cited: Fenton v. Comrs. of Ada Co. 
(1911) 20 I. 392, 119 P. 41. 

§ 2. Revenue to be provided by taxation. The legislature shall pro- 
vide such revenue as may be needful, by levying a tax by valuation, so 
that every person or corporation shall pay a tax in proportion to the 
value of his, her, or its property, except as in this article hereinafter 
otherwise provided. The legislature may also impose a license tax 
(both upon natural persons and upon corporations, other than munici- 
pal, doing business in this state) ; also a per capita tax: Provided, The 
legislature may exempt a limited amount of improvements upon land 
from taxation. 



Cited: S. v. Doherty (1892) 3 I. 384, 
29 P. 855; Stein v. Morrison (1904) 9 I. 
426, 75 P. 246; S. v. Jones (1904) 9 I. 693, 



75 P. 819; Humbird L. Co. v. Thompson 
(1905) 11 I. 614, 83 P. 941; Achenbach v. 
Kincaid (1914) 25 I. 768, 140 P. 532; 



2731 



Const. VII, 3 



CONSTITUTION OF IDAHO 



Cheney v. Minidoka Co. (1914) 26 I. 471, 
144 P, 843; Hanley v. Fed. M. etc. Co. 
( 1916) 235 F. 769. 

Applied: The provisions of this section 
which declare "that the legislature shall 
provide such revenue as may be needful 
by levying a tax by valuation," etc., ap- 
plies t«> the raising of revenue for state 
purposes. Fenton v. Comrs. of Ada Co. 
(1911) 20 I. 392, 119 P. 41. 

License tax: The license tax authorized 
by this section is not restricted to the sin- 
gle purpose of raising revenue. S. v. 
Union etc. Ins. Co. (1902) 8 I. 240, 67 P. 
647. 

This provision of the constitution limits 
the power of the legislature to impose a 
license tax on those persons and corpora- 
tions that are "doing business." Re Gale 
(1908) 14 I. 761, 95 P. 679. 

The words "doing business in this state," 
employed by the constitution do not apply 
to a foreign corporation doing only an in- 



terstate business, but only apply to local 
and intrastate business as the same may be 
distinguished from interstate business. N. 
P. Ry. Co. v. Gifford (1913) 25 I. 196, 136 
P. 1131, app. dis. 235 U. s. 711, 59 L. ed. 
436, 35 S. C. R. 198. 

A license or corporation tax imposed on 
a foreign corporation engaged in both in- 
terstate and intrastate business must be so 
imposed upon the domestic or intrastate 
business and have such direct reference to 
that as not to impose burdens upon or im- 
pair the right of the corporation to con- 
tinue to carry on its interstate business and 
do all things necessary to be done in con- 
ducting such business. lb. 

Motor vehicle tax: A law providing for 
licenses on motor vehicles rated according 
to horsepower is not contrary to the pro- 
visions of this section. Re Kessler (1915) 
26 I. 764, 146 P. 113, Ann. Cas. 1917A 228, 
L. R. A. (N. S.) 1915D 322. 



§ 3. Property to be defined and classified. The word "property" as 
herein used shall be denned and classified by law. 



Cited: Cheney v. Minidoka Co. (1914) 
26 I. 471, 144 P. 343; Hanley v. Fed. M. 
etc. Co. (1916) 235 P. 769. 



§ 4. Public property exempt from taxation. The property of the 
United States, the state, counties, towns, cities, and other municipal cor- 
porations and public libraries shall be exempt from taxation. 



Cited: Achenbach v. Kincaid (1914) 25 
I. 768, 140 P. 529. 

Applied: Under the federal reclamation 
act, where a person has so far complied 
with the provisions of said law as to resi- 
dence and cultivation of the land for more 
than five years, he can complete his title 
at any time by making final proof and pay- 
ing the deferred payments on his water 
right and the fees provided by law to be 
paid. Under said act the government sim- 



ply retains title as security for the payment 
of the money owing on the purchase price 
of the water right for such land. The en- 
tryman's interest is under such circum- 
stances subject to taxation. Cheney v. 
Minidoka Co. (1914) 26 I. 471, 144 P. 343. 

Does not apply: To levy of a special tax 
by a county for the purpose of exhibiting 
its products and industries at public expo- 
sitions, as provided by § 3 438. Bevis v. 
Wright, 31 I. 676, 175 P. 815. 



§ 5. Taxes to be uniform: Exemptions. All taxes shall be uniform 
upon the same class of subjects within the territorial limits, of the au- 
thority levying the tax, and shall be levied and collected under general 
laws, which shall prescribe such regulations as shall secure a just valua- 
tion for taxation of all property, real and personal: Provided, That the 
legislature may allow such exemptions from taxation from time to time 
as shall seem necessary and just, and all existing exemptions provided 
by the laws of the territory, shall continue until changed by the legisla- 
ture of the state: Provided further, That duplicate taxation of prop- 
erty for the same purpose during the same year, is hereby prohibited. 



Cited: Salisbury v. Lane (1900) 7 I. 
370, 63 P. 383; Humbird L. Co. v. Thomp- 
son (1905) 11 I. 614, 83 P. 941; S. v. But- 
terfield Livestock Co. (1909) 17 I. 441, 106 
P. 455, 124 A. S. R. 263, 270, 26 L. R. A. 
(N. S.) 1224; N. P. Ry. Co. v. Gifford (1913) 
25 I. 196, 202, 136 P. 1131; (in brief of 
counsel) Blomquist v. Comrs. of Bannock 
Co. (1913) 25 I. 284; Achenbach v. Kincaid 
(1914) 25 I. 768, 780, 140 P. 529; Cheney 
v. Minidoka Co. (1914) 26 I. 471, 144 P. 
343; Weiser Nat. Bk. v. Washington Co. 
(1917) 30 I. 332, 164 P. 1014. 

Com p. left-. The clause "uniform upon 
the same class of subjects" seems to have 



been borrowed from the Colorado consti- 
tution. Hanley v. Fed. M. etc. Co. (1916) 
235 F. 769, 777. 

Provision self-acting: The constitution- 
al requirement of uniformity of taxation is 
self-acting, and applies to all officers and 
boards that have anything to do with the 
levy and assessment of taxes. Orr v. S. 
B. of Equalization (1891) 3 I. 190, 28 P. 
416. 

License taxes: A graduated license tax 
imposed on the liquor traffic does not vio- 
late the requirement of equality of taxation 
imposed by this section. S. v. Doherty 
(1892) 3 I. 384, 29 P. 855. 



2732 



FINANCE AND REVENUE 



Const. VII, 7 



A law providing for licenses on motor 
vehicles rated according- to horsepower is 
not contrary to the provisions of this sec- 
tion. Re Kessler (1915) 26 I. 764, 146 P. 
113, Ann. Cas. 1917A 228, D. R. A. (N. S.) 
1915D 322. 

Taxation of mines: The method of tax- 
ing mining property prescribed by §§ 
3360 - 70, the distinctive feature of 
which is that instead of assessing ore 
bodies, the net proceeds of operation for 
the preceding year are taxed, in addition 
to the value of the surface and improve- 
ments, is constitutional. Hanley v. Fed. M. 
etc. Co. (1916) 235 F. 769. 

Double taxation: It is not double taxa- 
tion to levy a tax on billiard tables accord- 
ing to their value, and at the same time to 
require the proprietor thereof to pay a li- 
cense tax under R. S. § 1645. S. v. Jones 
(1904) 9 I. 693, 75 P. 819. 

The prohibition of double taxation con- 
tained in this section is directed against 
the taxing of the same property twice in 
the same year for the same purpose, while 
other like and similar property is taxed 
only once during the same period for that 
purpose. It does not extend to prevent a 
special levy, for road purposes only, under 
Laws 1901, p. 78, on all property of the 
county, although such property is also 



taxed in the general levy for the road funds 
of the county. Humbird L. Co. v. Kootenai 
Co. (1904) 10 I. 490, 79 P. 396. 

It is not double taxation for the statute 
to authorize the board of county commis- 
sioners to provide that 75 per cent of the 
general tax levy raised for road purposes in 
a good road district shall be expended in 
such district, and 2 5 per cent shall go into 
the county road fund for expenditure in 
the remaining portions of the county. Het- 
tinger v. Good Road Dist. (1911) 19 I. 313, 
113 P. 721. 

Double taxation: County bonds issued 
for road and bridge purposes, are a charge 
against all the property in the county, in- 
cluding property within the confines of a 
highway district. This does not result in 
double taxation even though the highway 
district may also issue bonds and levy 
taxes. Ind. H. Dist. No. 2 v. Ada Co. 
(1913) 24 I. 416, 134 P. 542. 

Local assessment not a tax: An assess- 
ment wholly dependent upon the benefits 
to accrue, no assessment being made where 
no benefits accrue, is not a tax within the 
purview and meaning of the constitution, 
but a charge in rem against the specific 
tracts of land assessed for benefits. El- 
liott v. McCrea (1913) 23 I. 524, 130 P. 
785. 



§ 6. Municipal corporations to impose their own taxes. The legis- 
lature shall not impose taxes for the purpose of any county, city, town or 
other municipal corporation, but may by law invest in the corporate 
authorities thereof, respectively, the power to assess and collect taxes 
for all purposes of such corporation. 



Cited: Genesee v. Latah Co. (1894) 4 
I. 141, 36 P. 701; McConnell v. S. Bd. etc. 
(1905) 11 I. 652, 83 P. 494; Trustees etc. 
Corp. v. Hooton (Okla. 1916) 157 P. 298; 
Sch. Dist. No. 8 v. Twin Falls etc. Co. 
(1917) 30 I. 400, 164 P. 1174. 

Application: License taxes: This section 
relates to taxes properly speaking, and does 
not apply to license taxes so as to render 
unconstitutional R. S. § 1644 which imposes 
license taxes the proceeds of which may be 
retained for the use of the county in which 
they are collected. S. v. Union etc. Co. 
(1902) 8 I. 240, 67 P. 647. 

Special taxes: This section does not pro- 
hibit the legislature from authorizing and 
requiring the county commissioners to levy 
a special ad valorem tax for the purpose 
of liquidating the existing indebtedness of 
the counties to the state. Gooding v. 
Proffitt (1905) 11 I. 380, 83 P. 230. 

Irrigation districts: Assessments by ir- 



rigation districts are authorized under this 
section. O. S. L. Ry. Co. v. Pioneer Irr. 
Dist. (1909) 16 I. 578, 102 P. 904. 

An irrigation district is a municipal cor- 
poration within the meaning of this secton. 
Pioneer Irr. Dist. v. Walker, 20 I. 605, 119 
P. 304; Perbrache v. Drainage Dist. No. 
5, 23 I. 85, 128 P. 553; Gem Irr. Dist. v. 
Van Deusen, 31 I. 779, 176 P. 887. 

School districts: A school district is not 
a municipal corporation within the mean- 
ing of this section. Penton v. Comrs. of 
Ada Co. (1911) 20 I. 392, 119 P. 41; Bar- 
ton v. Alexander (1915) 27 I. 286, 148 P. 
471. 

Included municipalities: The delegation 
of power to a highway district to assess 
taxes within the district, is not prohibited 
by the constitution, even though a city, 
town or village is included within such ter- 
ritory. Shoshone Highway Dist. v. An- 
derson (1912) 22 I. 109, 125 P. 219. 



§ 7. State taxes to be paid in full. All taxes levied for state pur- 
poses shall be paid into the state treasury, and no county, city, town, or 
other municipal corporation, the inhabitants thereof, nor the property 
therein, shall be released or discharged from their or its proportionate 
share of taxes to be levied for state purposes. 



Cited: S. v. Ada Co. (1900) 7 I. 261, 62 
P. 457. 

Provision self-acting: This section of the 
constitution is self-acting and goes into 
effect without any legislation. Cunning- 
ham v. Moody (1891) 3 I. 125, 35 A. S. R. 
269, 28 P. 395. 



Applied: '15, c. 27, §§ 12, 14 and 15, 
which provided for diverting money from 
the state treasury money due to the state 
from the counties, arising from taxation, 
and for paying it out by the counties, to 
those engaged in emergency employment, 
were held to be in violation of this section 



2733 



Const. VII, 8 



CONSTITUTION OF IDAHO 



and void. Epperson v. Howell (1916) 28 
I. 338, 154 P. 621. 

Payment Of taxes to state: All taxes 
collected for state purposes must be paid 



into the state treasury without any deduc- 
tion for fees or commissioners for collect- 
ing the same. Guheen v. Curtis (1892) 3 
I. 443, 31 P. 805. 



§ 8. Corporate property must be taxed. The power to tax corpor- 
ations or corporate property, both real and personal, shall never be 
relinquished or suspended, and all corporations in this state or doing 
business therein, shall be subject to taxation for state, county, school, 
municipal, and other purposes, on real and personal property owned or 
used by them, and not by this constitution exempted from taxation 
within the territorial limits of the authority levying the tax. 



Cited: Guheen v. Curtis (1892) 3 I. 443, 
31 P. 805; O. S. L. Ry Co. v. Pioneer Irr. 



Dist. (1909) 16 I. 578, 102 P. 904; Hanley 
v. Fed. M. etc. Co. (1916) 235 F. 769. 



§ 9. Maximum rate of taxation. The rate of taxation of real and 
personal property for state purposes shall never exceed 10 mills on each 
dollar of assessed valuation, unless a proposition to increase such rate, 
specifying the rate proposed and the time during which the same shall 
be levied, shall have been submitted to the people at a general election, 
and shall have received a majority of all the votes cast for and against 
it at such election. 



Hist. Amendment No. 9, proposed '05, 
p. 441, S. J. R. 6, adopted Nov. 6, 1906, 
effective Nov. 26, 1906. The section orig- 
inally read: 

§ 9. The rate of taxation of real and 
personal property for state purposes shall 
never exceed 10 mills on each dollar of 
assessed valuation; and if the taxable prop- 
erty in the state shall amount to $50,- 
000,000 the rate shall not exceed 5 mills on 
each dollar of valuation; and whenever 
the taxable property in the state shall 
amount to $100,000,000, the rate shall not 
exceed 3 mills on each dollar of valuation; 
and whenever the taxable property in the 
state shall amount to $300,000,000, the rate 
shall never thereafter exceed one and one- 
half mills on each dollar of valuation, un- 
less a proposition to increase such rate, 
specifying the rate proposed and the time 
during which the same shall be levied, 



shall have been submitted to the people 
at a general election, and shall have re- 
ceived a majority of all votes cast for and 
against it at such election. 

Cited}: (Con. op.) Green v. S. B. Can- 
vassers (1896) 5 I. 130, 47 P. 259. 

Limit of taxation: The tax levy for 
state purposes is intended to cover the 
current and running expenses of main- 
taining and conducting state govern- 
ment and the operation and main- 
tenance of the state institutions, and 
the maximum limit of taxation speci- 
fied hereby does not include an ad- 
ditional levy for the purpose of paying 
the interest on, and providing a sinking 
fund for, the public or bonded indebtedness 
of the state incurred under § 1 of Art. 8 
of the constitution. Gooding v. Proffitt 
(1905) 11 I. 380, 83 P. 230. 



§ 10. Making profit from public money prohibited. The making of 
profit, directly or indirectly, out of state, county, city, town, township 
or school district money, or using the same for any purpose not author- 
ized by law, by any public officer, shall be deemed a felony, and shall 
be punished as provided by law. 

§ 11. Expenditure not to exceed appropriation. No appropriation 
shall be made, nor any expenditure authorized by the legislature, where- 
by the expenditure of the state during any fiscal year shall exceed the 
total tax then provided for by law, and applicable to such appropriation 
or expenditure, unless the legislature making such appropriation shall 
provide for levying a sufficient tax, not exceeding the rates allowed in 
section nine of this article, to pay such appropriation or expenditure 
within such fiscal year. This provision shall not apply to appropriations 
or expenditures to suppress insurrection, defend the state, or assist in 
defending the United States in time of war. 






Cited: Gooding v. Proffitt (1905) 11 I. 
380, 83 P. 230. 

Kxeessive appropriation bill: The fact 
that an appropriation bill passed by the 
legislature, appropirates money in excess 
of the general tax levied to cover the ap- 
propriation, does not render the appropria- 



tion repugnant to this section, in the ab- 
sence of a showing that the estimated reve- 
nue to be derived from the state from other 
sources, such as license and per capita 
taxes and fees of officers, will be insufficient 
to make up the deficiency. Stein v. Morri- 
son (1904) 9 I. 426, 75 P. 246. 



2734 



FINANCE AND REVENUE 



Const. VII, 15 



§ 12. State board of equalization. There shall be a state board of 
equalization, consisting of the governor, secretary of state, attorney gen- 
eral, state auditor, and state treasurer, whose duties shall be prescribed 
by law. The board of county commissioners for the several counties of 
the state, shall constitute boards of equalization for their respective 
counties, whose duty it shall be to equalize the valuation of the taxable 
property in the county, under such rules and regulations as shall be 
prescribed by law. 



Cited: Weiser Nat. Bk. v. Jeffreys 
(1908) 14 I. 659, 95 P. 23; O. S. L. Ry. Co. 
v. Pioneer Irr. Dist. (1909) 16 I. 578, 102 
P. 904; Blomquist v. Comrs. of Bannock 
Co. (1913) 25 I. 284, 137 P. 174. 

Assessment of omitted property: This 
section is not infringed by R. S. § 1483, as 
amended by Laws '99, p. 454, which au- 
thorizes the board of equalization to re- 
quire the assessor to assess any taxable 
property that has escaped assessment; in- 
creased valuations, or add to the amount, 
number, quantity or value of property. 
Murphy v. B. of Equalization (1899) 6 I. 
745, 59 P. 715. 

Nature of state board: The state board 
of equalization is a constitutional board, 



clothed by statutory authority with quasi- 
judicial powers in regard to the assess- 
ment of certain classes and kinds of prop- 
erty. Northwest L. & W. Co. v. Alexander 
(1916) 29 I. 557, 160 P. 1106. 

State board of equalization has powers 
in assessing corporate property, which 
public utilities commission does not pos- 
sess, lb. 

Nature of county board: The board of 
county commissioners when sitting as a 
board of equalization, is a distinct body, 
with distinct duties and functions, and its 
orders made while sitting as such board 
are not subject to the provisions of stat- 
utes authorizing appeals from the board of 
county commissioners. Feltham v. B. of 
Comrs. (1904) 10 I. 182, 77 P. 332. 



§ 13. Money: How drawn from treasury. No money shall be drawn 
from the treasury, but in pursuance of appropriations made by law. 

Cited: Jeffreys v. Huston (1913) 23 I. 
372, 129 P. 1065; Evans v. Huston (1915) 
27 I. 559, 150 P. 14; S. v. National Surety 
Co. (1916) 29 I. 670, 161 P. 1026. 

Necessity of appropriation: An attorney 
employed by the state auditor pursuant to 
R. S. § 1685, which authorizes such em- 
ployment and provides that the expense 
must be paid out of the state treasury, is 
not entitled to a warrant in payment of 
his services until an appropriation is made 
therefor. Kingsbury v. Anderson (1898) 
5 I. 771, 51 P. 744. 

While the board of examiners may aifow 
a claim which they find to be correct, yet 
no warrant can issue therefor until the 
legislature makes an appropriation to cover 
the same. Kroutinger v. Bd. of Examniers 
(1902) 8 I. 463, 69 P. 279. 

Where an act creating an office fixes the 
compensation of the officer and time of 
payment, and authorizes the comptroller to 
draw his warrant to pay the same when 
due, no further appropriation is required. 
Gilbert v. Moody (1891) 3 I. 3, 25 P. 1092. 

Where a salary has been fixed by the 
legislature for a constitutional office, a stat- 
ute directing the payment of salaries, au- 
thorizing the auditor to draw a warrant 
therefor is sufficient appropriation. Reed 
v. Huston (1913) 24 I. 26, 132 P. 109, Ann. 

§ 14. Same: How drawn from county treasuries. No money shall 
be drawn from the county treasuries except upon the warrant of a duly 
authorized officer, in such manner and form as shall be prescribed by 
the legislature, 

§ 15. Legislature to provide system of county finance. The legisla- 
ture shall provide by law, such a system of county finance, as shall cause 
the business of the several counties to be conducted on a cash basis. It 
shall also provide that whenever any county shall have any warrants 
outstanding and unpaid, for the payment of which there are no funds 

2735 



Cas. 1915A, 1237; Rich v. Huston (1913) 
24 I. 34, 132 P. 112. 

An appropriation is authority from the 
legislature, expressly given in legal form, 
to the proper officers to pay from the public 
moneys a specified sum, and no more, for 
a specified purpose, and no other. (Dis. 
op.) Re Huston (1915) 27 I. 231, 147 P. 
1064. 

This section prohibits the payment, by 
the state, of any money except pursuant to 
and in accordance with an act of the leg- 
islature expressly appropriating it to the 
specific purpose for which it is paid, and, 
since no money has been appropriated for 
that purpose, the state is precluded from 
paying its proportionate share of the ex- 
pense of giving the emergency employment 
contemplated by '15, c. 27, p. 80. Epper- 
son v. Howell (1916) 28 I. 338, 154 P. 621. 

Appropriations: Limitations on: The 

right of the legislature to appropriate pub- 
blic funds is no greater than its right to 
tax. If an object cannot have a tax levied 
for it, then no appropriation of public 
money can be made to it. (Holding uncon- 
stitutional an act appropriating money for 
the purchase of state lands for the Gem Ir- 
rigation district.) Gem Irrigation District 
v. Van Deusen, 31 I. 779, 176 P. 887. 



Const. VII, 16 CONSTITUTION OF IDAHO 

in the county treasury, the county commissioners, in addition to other 
taxes provided by law, shall levy a special tax, not to exceed 10 mills 
on the dollar, of taxable property, as shown by the last preceding as- 
sessment, for the creation of a special fund for the redemption of said 
warrants; and after the levy of such special tax, all warrants issued be- 
fore such levy, shall be paid exclusively out of said fund. All moneys 
in the county treasury at the end of each fiscal year, not needed for cur- 
rent expenses, shall be transferred to said redemption fund. 

Cited: Ind. H. Dist. No. 2 v. Ada Co. suant to this section of the constitution, 

(1913) 24 I. 416, 134 P. 542. the power of the county commissioners to 

Funding bonds: This section, in requir- issue bonds for the payment of outstanding 
ing the business of counties to be conduct- warrants was abrogated. Peavy v. Me- 
ed on a cash basis, does not preclude the Combs^ (1914) 26 I. 143, 140 P. 965. 
legislature from authorizing counties to But '15, c. 20 supercedes '13, c. 58, § 99, 
issue bonds for the purpose of taking up and Peavy v. McCombs, 26 I. 143, 140 P. 
outstanding warrants and refunding bonds 965, and warrant indebtedness may be ex- 
already issued. Bannock Co. v. Bunting tinguished by the issuance and sale of 
(1894) 4 I. 156, 37 P. 277. funding bonds in certain counties. Jones 

By '13, c. 58', § 99^ p. 203, passed pur- v. Power Co. (1915) 27 I. 656, 150 P. 35. 

§ 16. Legislature to pass necessary laws. The legislature shall pass 
all laws necessary to carry out the provisions of this article. 

ARTICLE VIII. 
PUBLIC INDEBTEDNESS AND SUBSIDIES. 

Section Section 

1. Limitations on public indebtedness. 3. Limitations on county and municipal 

2. Credit of state shall not be given or indebtedness. 

loaned. 4. County, etc., not to loan or give its 

credit. 

§ 1. Limitation on public indebtedness. The legislature shall not in 
any manner create any debt or debts, liability or liabilities, which shall 
singly or in the aggregate, exclusive of the debt of the territory at the 
date of its admission as a state, and exclusive of debts or liabilities in- 
curred subsequent to January 1, 1911, for the purpose of completing the 
construction and furnishing of the state capitol at Boise, Idaho, and 
exclusive of debt or debts, liability or liabilities incurred by the eleventh 
session of the legislature of the state of Idaho, exceed in the aggregate 
the sum of two million dollars, except in case of war, to repel an invas- 
ion, or suppress an insurrection, unless the same shall be authorized by 
law, for some single object or work to be distinctly specified therein, 
which law shall provide ways and means, exclusive of loans, for the 
payment of the interest on such debt or liability as it falls due, and also 
for the payment and discharge of the principal of such debt or liability 
within twenty years of the time of the contracting thereof, and shall be 
irrepealable until the principal and interest thereon shall be paid and 
discharged. But no such law shall take effect until at a general election 
it shall have been submitted to the people, and shall have received a 
majority of all the votes cast for or against it at such election, and all 
moneys raised by the authority of such laws shall be applied only to spec- 
ified objects therein stated or to the payment of the debt thereby cre- 
ated, and such law shall be published in at least one newspaper in each 
county or city, and county, if one be published therein, throughout the 
state for three months next preceding the election at which it is sub- 
mitted to the people. The legislature may at any time after the approv- 
al of such law, by the people, if no debts shall have been contracted in 
pursuance thereof, repeal the same. 

Hist. Amendment No. 17, proposed '11, The section originally read: 

p. 787, S. J. R. 16, adopted Nov. 5, 1912, § 1. The legislature shall not in any 

effective Nov. 25, 1912, '13 p. 675. manner create any debt or debts, liability 

2736 



PUBLIC INDEBTEDNESS AND SUBSIDIES 



Const. VIII, 2 



or liabilities, which shall singly or in the 
aggregate, exclusive of the debt of the ter- 
ritory at the date of its admission as a 
state, exceed the sum of one and one-half 
per centum upon the assessed value of 
the taxable property in the state, except in 
case of war to repel an invasion or sup- 
press insurrection, unless the same shall be 
authorized by lav/ for some single object 
or work to be distinctly specified therein, 
which law shall provide ways and means, 
exclusive of loans, for the payment of the 
interest of such debt or liability, as it 
falls due; and also for the pay- 
ment and discharge of the princi- 
pal of such debt or liability within 
twenty years of the time of the contract- 
ing thereof, and shall be irrepealable until 
the principal and interest thereon shall be 
paid and discharged; but no such law shall 
take effect until at a general election it 
shall have been submitted to the people 
and shall have received a majority of all 
the votes cast for and against it at such 
election; and all moneys raised by the au- 
thority of such a law, shall be applied only 
to the specific object therein stated, or to 
the payment of the debt thereby created, 
and such law shall be published in at least 
one newspaper in each county, or city and 
county, if one be published therein, 
throughout the state, for three months next 
preceding the election at which it is sub- 
mitted to the people. The legislature may, 
at any time after the approval of such law, 
by the people, if no debt shall have been 
contracted in pursuance thereof, repeal the 
same. 

Amendment No. 13, proposed '09, p. 447, 
H. J. R. 3, adopted Nov. 8, 1910, effective 
Nov. 8, 1910, '13, c. 674, read 

The legislature shall in any manner cre- 
ate any debt or debts, liability or liabilities, 
which shall singly or in the aggregate, ex- 
clusive of the debt of the territory at the 
date of its admission as a state, and ex- 
clusive of debts or liabilities incurred sub- 
sequent to January 1, 1911, for the pur- 
pose of completing the construction and 
furnishing of the state capitol building at 
Boise, Idaho, exceed the sum of one and 
one-half per centum upon the assessed 
value of the taxable property in the state, 
except in case of war to repel an invasion 
or suppress insurrection, unless the same 
shall be authorized by law for some single 
object of word to be distinctly specified 
therein, which law shall provide ways and 
means, exclusive of loans, for payment of 
the interest of such debt or liability as it 
falls due and also for the payment and dis- 
charge of the principal of such debt or lia- 
bility, within twenty years of the time of 
the contracting thereof, and shall be irre- 
pealable until the principal and interest 
thereon shall be paid and discharged; but 
no such law shall take effect until at a gen- 
eral election it shall have submitted to the 
people and shall have received a ma- 

§ 2. Credit of state shall not be given or loaned. The credit of the 
state shall not, in any manner, be given, or loaned to, or in aid of any 
individual, association, municipality or corporation; nor shall the state 
directly or indirectly, become a stockholder in any association or cor- 
poration. 



jority of all the votes cast for and against 
it at such election; and all moneys raised 
by the authority of such laws, shall be ap- 
plied only to specified objects therein 
stated, or to the payment of the debt 
thereby created, and such law shall be pub- 
lished in at least one newspaper in each 
county or city and county, if one be pub- 
lished therein, throughout the state for 
three months next preceding the election 
at which it is submitted to the people. The 
legislature may at any time after the ap- 
proval of such law, by the people, if no 
debts shall have been contracted in the 
pursuance thereof, repeal the same. 

This was held to be valid and operative, 
it being the intention of the legislature that 
the first line should read: "The legislature 
shall not in any manner create any debt," 
etc. Fletcher v. Gifford (1911) 20 I. 18, 
115 P. 824. 

Cited: (Con. op.) Green v. S. B. of Can- 
vassers (1896) 5 I. 130, 47 P. 259; Good- 
ing v. Proffitt (1905) 11 I. 380, 83 P. 230; 
Fletcher v. Gifford (1911) 20 I. 18, 115 
P. 824. 

Construed: Under this section, the basis 
for computation by the legislature in cre- 
ating public indebtedness has reference to 
existing facts and conditions at the time 
the legislature acts. Lewis v. Brady (1909) 
17 I. 251, 104 P. 900, 28 L. R. A. (N. S.) 
149. 

The legislature in the passage of an act 
creating public indebtedness must be gov- 
erned by the assessed value of the taxable 
property of the state as the same has been 
ascertained and then exists, and such leg- 
islation can not anticipate the future and 
leave the ascertainment of the assessed 
valuation to the future acts of ministerial 
and executive officers. lb. 

The words "debt" and "liability" as used 
in this section are not employed in a tech- 
nical sense, but have special reference to 
the basic warrant and legislative authority 
on which a state contract must rest and on 
which alone a public debt must find its 
sanction in order to obligate the state to 
pay. lb. 

Application: The article of which this 
section is a part, provides for the general 
subject of state indebtedness to be incurred 
for such objects as the erection of public 
buildings, the meeting of the extraordinary 
expenses, such as may be incurred in case 
of war, etc., and does not apply to the ordi- 
nary current expenses of the state which 
are provided for in Art. VII. Stein v. Mor- 
rison (1904) 9 I. 426, 75 P. 246. 

Excessive appropriation bill: The fact 
that the general appropriation bill cover- 
ing the expenses of the state for the next 
two years, provides for expenditures in ex- 
cess of the revenue provided for by the 
general tax levy, does not create a debt 
within the meaning of this section. lb. 



2737 



Const. VIII, 3 



CONSTITUTION OF IDAHO 



Otted: Atkinson v. Comrs. of Ada Co. 
(1910) is I. 282, L08 P. 1046, 28 L. R. A. 
(N. s. i 412; (Erroneously for VIII, 3) 



Jones v. Power Co. (1915) 27 I. 656, 150 
P. 35; Sch. Dist. No. 8 v. Twin Falls etc. 
CO. (1917) 30 I. 400, 164 P. 1174. 



§ 3. Limitations on county and municipal indebtedness. No county 
city, town, township, board of education, or school district, or other 
subdivision of the state shall incur any indebtedness, or liability in any 
manner, or for any purpose, exceeding in that year, the income and 
revenue provided for it for such year, without the assent of two-thirds 
of the qualified electors thereof, voting at an election to be held for that 
purpose, nor unless, before or at the time of incurring such indebtedness, 
provision shall be made for the collection of an annual tax sufficient to 
pay the interest on such indebtedness as it falls due, and also to consti- 
tute a sinking fund for the payment of the principal thereof, within 
twenty years from the time of contracting the same. Any indebtedness 
or liability incurred contrary to this provision shall be void: Provided, 
That this section shall not be construed to apply to the ordinary and 
necessary expenses authorized by the general laws of the state. 

Cited: (Con. op.) Green v. S. Bd. Can- Dexter Horton T. & Sav. Bk. v. Clearwater 



vassers (1896) 5 I. 130, 47 P. 259; An- 
drews v. Comrs. of Ada Co. (1900) 7 I. 
453, 63 P. 592; (On rehearing) Gilbert 
v. Canyon Co. (1908) 14 I. 437, 94 P. 1029; 
Howard v. Ind. Sch. Dist. (1910) 17 I. 537, 
106 P. 692; Atkmson v. Comrs. of Ada Co. 
(1910) 18 I. 282, 108 P. 1046, 28 L. R. A. 
(X. S.) 412; Ind. H. Dist. No. 2 v. Ada Co. 
(1913) 24 I. 416, 134 P. 542; Jones v. 
Power Co. (1915) 27 I. 656, 150 P. 35; 
(Con. op.) Libby v. Pelham (1917) 30 I. 
620, 166 P. 575; Boise Dev. Co. v. Boise 

(1917) 30 I. 675, 177 P. 1032; Dexter 
Horton T. & Sav. Bk. v. Clearwater Co. 

(1918) 248 F. 401. 

Construed: This section is a limitation 
upon the power of the legislature in that 
it can not authorize a municipality to incur 
an indebtedness in violation thereof. Byrns 
v. Moscow (1912) 21 I. 398, 121 P. 1034. 

Object of section: The object and pur- 
pose of this provision is to maintain the 
credit of the state and counties by keeping 
them upon a cash basis. Co. of Ada v. 
Bullen Bridge Co. (1897) 5 I. 79, 47 P. 818; 
Ball v. Bannock Co. (1897) 5 I. 602, 51 
P. 454. 

The Idaho constitution is imbued with 
the spirit of economy, and in so far as 
possible it imposes upon the political sub- 
divisions of the state a pay-as-you-go sys- 
tem of finance. The rule is that, without 
the express assent of the qualified electors, 
municipal officers are not to incur debts 
for which they have not the funds to pay. 
Such policy entails a measure of crudity 
and inefficiency in local government, but 
doubtless the men who drafted the con- 
stitution, having in mind disastrous ex- 
amples of optimism and extravagance on 
the part of public officials, thought best 
to sacrifice a measure of efficiency for a 
degree of safety. The careful, thrifty citi- 
zen sometimes gets along with a crude in- 
strumentality until he is able to purchase 
and pay for something better. And like- 
wise, under the constitution, county of- 
ficers must use the means they have for 
making fair and equitable assessments un- 
til they are able to pay for something more 
efficient, or obtain the consent of those in 
whose interests they are supposed to act. 



Co. (1916) 235 F. 743, 754. 

This section does not merely prohibit the 
city from incurring any municipal indebt- 
edness or Lability, but it prohibits it in- 
curring any indebtedness or liability. Feil 
v. Coeur d'Alene (1912) 23 I. 32, 129 P. 
643, 43 L. R. A. (N. S.) 1095. 

Provisions mandatory: The authority of 
boards of county commissioners in creating 
debts is limited by the constitution and 
statutes of the state, and must be exercised 
within those limits, and at least with a 
substantial compliance with the mode pre- 
scribed; the provisions of the constitu- 
tion are mandatory and must be complied 
with. Dunbar v. Comrs. (1897) 5 I. 407, 
49 P. 409. 

Liability defined: The word "liability," 
as used in this section, has its ordinary 
meaning, and signifies the state of being 
bound in law and justice to pay an in- 
debtedness or discharge some obligation. 
Boise Dev. Co. v. Boise (1914) 26 I. 347, 
143 P. 531. 

Ordinary and necessary expenses: Or- 
dinary and necessary expenses may prop- 
erly include any expenditure rendered ne- 
cessary by casualty or accident which has 
impaired or injured municipal property 
that is necessary for the protection of the 
city against fires, or for the health and 
welfare of the city. Hickey v. Nampa 
(1912) 22 I. 41, 124 P. 280. 

An expense is not necessarily extra- 
ordinary because the necessity therefor 
does not arise frequently and at regular 
intervals. Dexter Horton T. & Sav. Bk. 
v. Clearwater Co. (1916) 235 F. 752. 

An expense is ordinary if it is in an 
ordinary class, if in the ordinary course 
of the transaction of municipal business 
or the maintenance of municipal property 
it may and is likely to become necessary, 
lb. 

A voluntary indebtedness is one in which 
a county is at liberty to evade or post- 
pone until means are provided for the 
payment of the expense incident thereto, 
while an involuntary indebtedness is a 
liability imposed upon a county by law 
and which it is not privileged to evade 
or postpone. lb. 



2738 



PUBLIC INDEBTEDNESS AND SUBSIDIES 



Const. VIII, 3 



If by law a specific duty is imposed, 
and the mode of performance is prescribed, 
so that no discretion is left with the 
officer, the expense necessarily incurred 
in discharging the duty is a necessary 
expense. lb. 

Prohibited indebtedness: County com- 
missioners can not incur a debt for a court 
house site without submitting the ques- 
tion to a popular vote. Bannock Co. v. 
Bunting (1894) 4 I. 156, 37 P. 277. The 
issuance of funding bonds which increase 
the county indebtedness is within the pro- 
hibitions of this section. lb. Municipal 
indebtedness incurred during a given fiscal 
year, can not be paid out of the income 
or revenue of a future year, unless such 
revenue is especially raised for the pay- 
ment of such indebtedness. Theiss v. Hun- 
ter (1896) 4 I. 788, 45 P. 2. The construc- 
tion of a bridge involving an expenditure 
equal to more than half of the revenue 
of a county for the year, is an extraor- 
dinary expense. Co. of Ada v. Bullen 
Bridge Co. (1896) 5 I. 79, 47 P. 818. The 
building of a bridge and the payment of 
scalp bounties are extraordinary expenses. 
Dunbar v. Bd. of Comrs. (1897) 5 I. 407, 
49 P. 409; Gillette-Herzog Mfg. Co. v. 
Canyon Co. (1898) 85 F. 396. The is- 
suance of county warrants in excess of 
the county's revenue, for the construction 
of a wagon road, is unauthorized except 
by a compliance with this section. Mc- 
Nutt v. Lemhi Co. (1906) 12 I. 63, 84 P. 
1054. 

A city can not evade the provisions of 
the statutes, limiting the bonded indebted- 
ness to 15 per cent of the real estate 
valuation for the preceding year, by vot- 
ing bonds for partial payment on a con- 
tract, thus making no legal provision for 
the balance due upon said contract. Wood- 
ward v. Grangeville (1907) 13 I. 652, 92 
P. 840. 

Where streets are paved and the as- 
sessments are made against the abutting 
property according to the benefits, im- 
provement district bonds may be issued 
by the city upon the council passing prop- 
er ordinance authorizing the same without 
submitting the question of issuing the 
bonds to the electors or taxpayers of either 
the improvement district or the city, but 
where the cost and expenses are to be 
paid by the city and bonds are to be is- 
sued for the purpose of raising revenue 
to pay the same, then such question must 
be submitted to the electors and tax- 
payers of the city and must be by them 
authorized by proper vote. Byrns v. Mos- 
cow (1912) 21 I. 398, 121 P. 1034. 

Same: Necessity of expenditure: Ex- 
penditures made in excess of the revenue 
of any current year must not only be for 
ordinal expenses, such as are usual to 
the maintenance of the county govern- 
ment, the conduct of necessary business, 
and the protection of its property, but 
there must exist a necessity for making 
the expenditure during such year. Dunbar 
v. Bd. Comrs. (1897) 5 I. 407, 49 P. 409. 

Indebtedness not prohibited: The pro- 
visions of this section apply only to a 
debt contracted for an extraordinary ex- 
pense in excess of the revenue provided 
for the year; it does not prohibit the pur- 



chase of real estate for a court house, 
where the cost will not create an indebt- 
edness in excess of the current revenue 
after deducting the indebtedness incurred 
by the county up to the time of the pur- 
chase. Ball v. Bannock Co. (1897) 5 I. 
602, 51 P. 454. 

The provisions of this section authorize 
the issuance of municipal bonds to take 
up the outstanding indebtedness of the 
city incurred for the current pay of officers 
and the ordinary expenses of the city. 
Butler v. Lewiston (1905) 11 I. 393, 83 
P. 234. 

Municipal obligations, such as for the 
construction of sewers, required to be paid 
out of special assessments levied against 
property particularly benefitted, are not 
an indebtedness or liability within the 
meaning of this section, and may be in- 
curred, when the statute so provides, with- 
out submission of the question to popular 
vote. McGilvery v. Lewiston (1907) 13 
I. 338, 90 P. 348; Byrns v. Moscow (1912) 
21 I. 398, 121 P. 1034; Elliott v. McCrea 
(1913) 23 I. 524, 130 P. 785. 

The issuance of refunding bonds is not 
the creation of a new indebtedness within 
the meaning of this section, when it does 
not increase the indebtedness or liability 
of the municipality. Veatch v. Moscow 
(1910) 18 I. 313, 109 P. 722, 21 Ann. Cas. 
1332. 

Where the city council of a municipality 
enacts an annual appropriation bill, and 
therein provides for public improvements, 
and a levy is made for the purpose of rais- 
ing a general fund for the fiscal year, and 
such levy, together with the other reven- 
ues, such as fines, taxes and licenses pro- 
vided by law, will produce a sufficient 
sum to cover all sums which are pro- 
vided for in the annual appropriation bill, 
including the improvements and such ap- 
propiration was intended by the council 
to be for the purpose of making certain 
improvements in the paving of cross sec- 
tions of streets and other improvements, 
this court will not hold the ordinance of 
intention and the ordinance creating the 
improvement district and the making of 
assessments void. McEwen v. Coeur d'- 
Alene (1913) 23 I. 746, 132 P. 308. 

A city may anticipate both the income 
and revenue provided for it for such year, 
and incur debts or liabilities against the 
city which can be met and discharged out 
of the aggregate income and revenue for 
that year, but the city has no right to 
anticipate, set aside and hypothecate ei- 
ther the income or revenue of the city, 
or any part thereof, for a special purpose, 
for a period of twenty years in advance. 
Feil v. Coeur d'Alene (1912) 23 I. 32, 129 
P. 643, 43 L. R. A. (N. S.) 1095. 

Where uncertain and contingent claims 
for alleged damages to the property of a 
corporation against a city are made a part 
of the consideration of a contract entered 
into between them, and said claims have 
never been liquidated, settled, or reduced 
to a definite fixed amount of indebtedness 
against said city, before the date of the 
contract, by a judgment or decree of court, 
arbitration, compromise, nor in any man- 
ner whatever, if these sums are liquidated, 
settled and fixed as a definite amount of in- 
debtedness against the city for the first 



2739 



Const. VIII, 4 



CONSTITUTION OF IDAHO 



time by the contract itsoif, this constitutes 
a n<\\ debt. Boise l><;v. Co. v. Boise (1914) 
26 I. 347, 143 P. 531. 

When a city enters into a contract by 
the trims of which it becomes liable for 
a large expenditure of money, exceeding 
in Dial year the income and revenue pro- 
vided for it for said year, without fully 
complying with all the provisions of this 
ion, such contract is void. lb. 

The assumption of liability of mutual 
insurance company by school district is 
contrary to provisions of this section. Sch. 
Dist No. 8 v. Twin Falls etc. Co. (1917) 
30 I. 400, 164 P. 1174. 

A contract by county commissioners 
with person not acting as assessor to cruise 
taxable timber lands at large expense and 
to make reports not having official or legal 
status is void under this section. Dexter 
Horton T. & S. Bk. v. Clearwater Co. 
(1916) 235 F. 743. 

Provision for sinking fund: R. S. § 3602, 
as amended by '91, p. 200, which, in 
providing for the funding of county in- 
debtedness, requires the commissioners to 
levy a sufficient tax to pay the interest on 
the funding bonds, and, at least one year 
before the bonds become due, to levy a 
sufficient additional sum to pay the same, 
authorizes adequate provisions for paying 
the interest on the bonds and for the cre- 
ation of a sinking fund for their redemp- 
tion, sufficiently to comply with this sec- 
tion. Bannock Co. v. Bunting (1894) 4 I. 
156, 37 P. 277. 

Where the city council provided by or- 
dinance for the levy of an annual tax for 
the payment of all interest to accrue on 
funding bonds about to be issued, and also 



by such ordinance provided for the levy 
of an annual tax after the year 1909 to 
constitute a sinking fund for the payment 
of the principal of such bonds, the pro- 
visions of this section are complied with, 
and bonds issued under such ordinance 
are valid. Boise v. Union Bk. & T. Co. 
(1900) 7 I. 342, 63 P. 107. 

Effect of violation: Warrants issued in 
violation of this provision are void. Co. 
of Ada v. Bullen Bridge Co. (1896) 5 I. 79, 
47 P. 818. 

A debt created in contravention of the 
provisions of this section can not be 
changed into the form of a negotiable in- 
strument and thus defeat the object of the 
constitution. Dunbar v. Bd. Comrs. (1897) 
5 I. 407, 49 P. 409. 

Where an extraordinary indebtedness is 
incurred by a county without complying 
with this section, the act of the county 
in thereafter issuing bonds sufficient to 
cover such indebtedness and all other in- 
debtedness of the county, does not con- 
stitute a ratification of the unlawful in- 
debtedness such as to render the same 
enforceable against the county. McNutt 
v. Lemhi Co. (1906) 12 I. 63, 84 P. 1054. 

Bond elections: Suffrage: This provision 
of the constitution which requires the as- 
sent of two-thirds of the qualified elec- 
tors in the incurrence of a municipal debt, 
and prescribes no property qualifications 
as to such electors, is not infringed by a 
provision of a municipal charter which 
requires the assent of two-thirds of the 
qualified electors who are taxpayers to the 
incurrence of such a debt. Wiggin v. Lew- 
iston (1902) 8 I. 527, 69 P. 286. 



§ 4. County, etc., not to loan or give its credit. No county, city, 
town, township, board of education, or school district, or other subdi- 
vision shall lend, or pledge the credit or faith thereof directly or in- 
directly, in any manner, to, or in aid of any individual, association, or 
corporation, for any amount or for any purpose whatever, or become 
responsible for any debt, contract or liability of any individual, asso- 
ciation, or corporation in or out of this state. 



Applied: An act of the legislature pro- 
viding for the formation of railroad dis- 
tricts and the voting of bonds and pur- 
chase or construction of railroads by such 
districts and providing for operating or 
leasing the same, is in violation of this 
section. Atkinson v. Comrs. of Ada Co. 
(1910) 18 I. 282, 108 P. 1046, 28 L. R. A. 
(N. S.) 412. 

School districts are prohibited from be- 
coming members of a county mutual fire 



insurance company. This section is in- 
tended to prevent any county or municipal 
corporation from lending credit to or be- 
coming interested in any private enter- 
prise except as provided in Const. XII, 4. 
To permit a school district to become a 
member of a county mutual fire insurance 
company would be to sanction the use of 
public funds for a private purpose. Sch. 
Dist. No. 8 v. Twin Falls etc. Co. (1917) 
30 I. 400, 164 P. 1174. 



2740 



EDUCATION AND SCHOOL LANDS Const. IX, 4 

ARTICLE IX. 
EDUCATION AND SCHOOL LANDS. 

Public lands: Public lands herein referred to do not include the beds of navigable 
waters or lands thereunder below high water mark. N. P. Ry. Co. v. Hirzel (1916) 
29 I. 438, 161 P. 854. This article and §§ 4, 6, 8, 9, 10 and 11 of the admission bill 
refer only to lands granted for specific purposes. lb. 

Section. Section. 

1. Legislature to establish system of free 7. State board of land commissioners, 
schools. 8. Location and disposition of public 

2. Board of education. lands. 

3. Public school fund to remain intact. 9. Compulsory attendance on schools. 

4. Public school fund defined. 10. State university: Location, regents 

5. Sectarian appropriations prohibited. and lands. 

6. Religious test and teaching in school 11. Loaning educational funds, 
prohibited. 

§ 1. Legislature to establish system of free schools. The stability 
of a republican form of government depending mainly upon the intelli- 
gence of the people, it shall be the duty of the legislature of Idaho, to 
establish and maintain a general, uniform and thorough system of pub- 
lic, free common schools. 

Cited: Howard v. Ind. Sch. Dist. (1910) of Ada Co. (1911) 20 I. 392, 119 P. 41; 

17 I. 5 37, 106 P. 692; Pike v. S. Bd. of Idaho etc. Ry. v. Columbia etc. Synod 

Land Comrs. (1911) 19 I. 268, 113 P. 447, (1911) 20 I. 568, 119 P. 60, 38 L. R. A. 

Ann. Cas. 1912B 1344; Fenton v. Comrs. (N. S.) 497. 

§ 2. Board of education. The general supervision of the state edu- 
cational institutions and public school system of the state of Idaho, shall 
be vested in a state board of education, the membership, powers and 
duties of which shall be prescribed by law. The state superintendent 
of public instruction shall be ex officio member of said board. 

Hist. Amendment No. 21, proposed '11, perintendent of public instruction, the sec- 

p. 791, H. J. R. 30, adopted Nov. 5, 1912, retary of state and attorney general, shall 

effective Nov. 25, 1912, '13, p. 677. The constitute the board of which the superin- 

section originally read: tendent of instruction shall be president. 

§ 2. The general supervision of the pub- Cited: Pike v. S. Bd. of Land Comrs. 

lie schools of the state shall be vested in (1911) 19 I. 268 113 P. 447 Ann. Cas. 

a board of education, whose powers and 1912B 1344.' 
duties shall be prescribed by law; the su- 

§ 3. Public school fund to remain intact. The public school fund 
of the state shall forever remain inviolate and intact ; the interest there- 
on only shall be expended in the maintenance of the schools of the state, 
and shall be distributed among the several counties and school districts 
of the state in such a manner as may be prescribed by law. No part of 
this fund, principal or interest, shall ever be transferred to any other 
fund, or used or appropriated except as herein provided. The state 
treasurer shall be the custodian of this fund, and the same shall be se- 
curely and profitably invested as may be by law directed. The state 
shall supply all losses thereof that may in any manner occur. 

Cited: Pike v. S. Bd. of Land Comrs. legislature from enacting a law that would 

(1911) 19 I. 268, 113 P. 447, Ann. Cas. divert one dollar of such fund otherwise 

1912B 1344. than as provided by the constitution, and 

Diversion of school fund: No part of an y law enacted by the legislature divert- 

the permanent school fund of the state can in S such funds for purposes other than 

be expended in the payment of forfeitures tnose specified by the constitution, would 

imposed by the statute law of the state. De unconstitutional. S. v. Fitzpatrick 

The constitution expressly prohibits the (1897) 5 I. 499, 51 P. 112. 

§ 4. Public school fund denned. The public school fund of the 
state shall consist of the proceeds of such lands as have heretofore been 
granted, or may hereafter be granted, to the state by the general govern- 
ment, known as school lands, and those granted in lieu of such; lands 
acquired by gift or grant from any person or corporation, under any 
law or grant of the general government, and of all other grants of land 

2741 



Const. IX, 5 CONSTITUTION OF IDAHO 

or money made to the state from the general government for general 
educational purposes, or where no other special purpose is indicated in 
such grant; all estates or distributive shares of estates that may escheat 
to the state; all unclaimed shares and dividends of any corporation in- 
corporated under the laws of the state ; and all other grants, gifts, de- 
vises, or bequests made to the state for general educational purposes. 

Cited: Pike v. S. Bd. of Land Comrs. only be used in the support and mainte- 

(1911) 19 I. 26S, 113 P. 447, Ann. Cas. nance of the university, and in the payment 

1912B 1344. of the current expenses thereof and the 

Proceeds of lands: Under this section, charges for conducting the same, and can 

together with SS 5 and 8 of the admission not be used for the erection or equipment 

bill, the interest or income from the pro- of university buildings. Roach v. Gooding 

ceeds of the sale of university lands can (1905) 11 I. 244, 81 P. 642. 

§ 5. Sectarian appropriations prohibited. Neither the legislature, 
nor any county, city, town, township, school district, or other public 
corporation, shall ever make any appropriation, or pay from any public 
fund or moneys whatever, anything in aid of any church or sectarian 
or religious society, or for any sectarian or religious purpose, or to help 
support or sustain any school, academy, seminary, college, university or 
other literary or scientific institution, controlled by any church, sec- 
tarian or religious denomination whatsoever; nor shall any grant or 
donation of land, money or other personal property ever be made by 
the state, or any such public corporation, to any church or for any sec- 
tarian or religious purpose. 

Cited: Pike v. S. Bd. of Land Comrs. schools throughout the state established 

(1911) 19 I. 268, 113 P. 447, Ann. Cas. for the training and instruction of the 

1912B 1344. youth of the state in the primary and ele- 

School defined: The word "school" as mentary branches of learning below the 
used in this section, has reference to the grade or rank of "academy, seminary, col- 
public, free common schools, and clearly lege, university, or other literary or scien- 
means the free school system which has tlfi c institution." Pike v. S. Bd. of Land 
been generally adopted in this country, and Comrs. (1911) 19 I. 268, 113 P. 447, Ann. 
has specific reference to the district Cas. 1912B 1344. 

§ 6. Religious test and teaching in school prohibited. No religious 
test or qualification shall ever be required of any person as a condition 
of admission into any public educational institution of the state, either 
as a teacher or student ; and no teacher or student of any such institution 
shall ever be required to attend or participate in any religious service 
whatever. No sectarian or religious tenets or doctrines shall ever be 
taught in the public schools, nor shall any distinction or classification of 
pupils be made on account of race or color. No books, papers, tracts or 
documents of a political, sectarian or denominational character shall be 
used or introduced in any schools established under the provisions of 
this article, nor shall any teacher or any district receive any of the pub- 
lic school moneys in which the schools have not been taught in accord- 
ance with the provisions of this article. 

Cited: Pike v. S. Bd. of Land Comrs. 1912B 1344; (Dis. op.) Penton v. Comrs. 
(1911) 19 I. 268, 113 P. 447, Ann. Cas. of Ada Co. (1911) 20 I. 392, 119 P. 41. 

§ 7. State board of land commissioners. The governor, superinten- 
dent of public instruction, secretary of state, attorney general and state 
auditor shall constitute the state board of land commissioners, who shall 
have the direction, control and disposition of the public lands of the 
state, under such regulations as may be prescribed by law. 

Hist. Amendment No. 14, proposed '09, Brady (1910) 17 I. 567, 107 P. 493; Pike 

p. 457, H. J. R. 15, adopted Nov. 8, 1910, v. S. Bd. of Land Comrs. (1911) 19 I. 268, 

effective Nov. 28, 1910, '13, p. 674. The 113 P. 447, Ann. Cas. 1912B 1344; Rogers 

section as originally adopted did not in- v. Hawley (1911) 19 I. 751, 115 P. 687; 

elude the state auditor. Tobey v. Bridgewood (1912) 22 I. 566, 

Cited: Pierson v. S. Bd. of Land Comrs. 127 P. 172; Barber L. Co. v. Gifford (1914) 

(1908) 14 I. 159, 93 P. 775; Balderston v. 25 I. 654, 139 P. 557. 

2742 



EDUCATION AND SCHOOL LANDS 



Const. IX, 8 



Legislative power to prescribe addition- pose the state land board additional duties 

al duties: There is nothing in the consti- to be performed. St. Joe Imp. Co. v. 

tution prohibiting the legislature from im- Laumierster (1910) 19 I. 66, 112 P. 683. 
posing on the identical persons who com- 

§ 8. Location and disposition of public lands. It shall be the duty 
of the state board of land commissioners to provide for the location, pro- 
tection, sale or rental of all the lands heretofore, or which may hereafter 
be granted to the state by the general government, under such regula- 
tions as may be prescribed by law, and in such manner as will secure 
the maximum possible amount therefor: Provided, That no school 
lands shall be sold for less than ten dollars per acre. No law shall ever 
be passed by the legislature granting any privileges to persons who may 
have settled upon any such public lands, subsequent to the survey there- 
of by the general government, by which the amount to be derived by 
the sale, or other disposition of such lands, shall be diminished, directly 
or indirectly. The legislature shall, at the earliest practicable period, 
provide by law that the general grants of land made by congress to the 
state shall be judiciously located and carefully preserved and held in 
trust, subject to disposal at public auction for the use and benefit of the 
respective objects for which said grants of land were made, and the leg- 
islature shall provide for the sale of said lands from time to time and for 
the sale of timber on all state lands and for the faithful application of 
the proceeds thereof in accordance with the terms of said grants: Pro- 
vided, That not to exceed one hundred sections of school lands shall be 
sold in any one year, and to be sold in subdivisions of not to exceed 
three hundred and twenty acres of land to any one individual, company 
or corporation. 



Hist. Amendment No. 24, proposed '15, 
p. 396, H. J. R. 3, adopted Nov. 7, 1916, 
effective Dec. 1, 1916, '17 p. 528. The 
amendment changed the last proviso, 
which originally read: Provided, That not 
to exceed twenty-five sections of school 
lands shall be sold in any one year, and 
to be sold in subdivisions of not to exceed 
one hundred and sixty acres to any one 
individual, company or corporation. 

Cited: S. v. Fitzpatrick (1897) 5 I. 499, 
51 P. 112; Tobey v. Bridgewood (1912) 
22 I. 566, 127 P. 172; Barber L. Co. v. 
Gifford (1914) 25 I. 654, 139 P. 557; Idaho 
P. & L. Co. v. Blomquist (1914) 26 I. 222, 
141 P. 1083, Ann. Cas. 1916E 282. 

Powers of board: The constitution vests 
the control, management and disposition of 
state lands in the state board of land com- 
missioners. They are, as it were, the 
trustees or business managers for the state 
in handling these lands. Pike v. S. Bd. of 
Land Comrs. (1911) 19 I. 268, 113 P. 447, 
Ann. Cas. 1912B 1344. 

School lands defined: The phrase 
"school lands" as used in the last proviso 
of this section has reference only to sec- 
tions 16 and 36 in each township, and does 
not include or embrace lands granted by 
congress to the state for specific educa- 
tional purposes such as university, normal 
school, agricultural college and scientific 
and other institutions of higher learning. 
Pike v. S. Bd. of Land Comrs. (1911) 19 
I. 268, 113 P. 447, Ann. Cas. 1912B 1344. 

Disposal of lands: The state land board 
has no right to relinquish the state's right 
to sections 16 and 36, except for the min- 
imum consideration, or more, authorized 



by the constitution. Balderston v. Brady 
(1910) 17 I. 567, 107 P. 493, 18 I. 238, 108 
P. 742. 

It is within the power of the state land 
board to require a person, company or cor- 
poration that may apply to purchase state 
lands to enter into an agreement to bid a 
given price upon such lands in the event 
they are offered for sale as a condition pre- 
cedent to advertising such lands for sale. 
Pike v. S. Bd. of Land Comrs. (1911) 19 
I. 268, 113 P. 447, Ann. Cas. 1912B 1344. 

The question as to whether or not it is 
expedient, wise or the best business policy 
for the state board of land commissioners 
to sell lands in fee while there is an out- 
standing lease on the same, and which 
lands can not be occupied by the pur- 
chaser for a number of years after the sale 
and purchase, is a matter solely addressed 
to the judgment and discretion of the land 
board, and is vested in them by the consti- 
tution and statute, and is not a question 
that can be considered, reviewed or con- 
trolled by the courts. lb. 

A grant by the state of an easement for 
a reservoir on state lands, under Const. I, 
14, is not such a sale as contemplated here- 
in, and does not convey legal title, but 
leaves the fee-simple title to the land in 
the state. (Budge, J., dissents.) Idaho- 
Iowa etc. Co. v. Fisher (1915) 27 I. 695, 
151 P. 998. 

Exchange: The state land board has 
power, under the constitution and statutes 
to acquire title to any and all lands which 
the general government may at any time 
give or grant to the state, and this is true 
whether the grant be general or special 
or in lieu of lands "lost" or "otherwise 



2743 



Const. IX, 9 



CONSTITUTION OF IDAHO 



disposed of." Balderston v. Brady (1910) 
1 8 I. 23S, 108 P. 742. 

Relinquishment of school lands for other 
lands "equivalent thereto in area and 
value" is not a "salt" of such lands. The 
legislature lias power to authorize the ex- 
change of lands by the state land board 
with the federal government. Rogers v. 
Hawley (1911) 19 I. 751, 115 P. 687. 

Public auction: Competition is a neces- 
sary element of an auct.on, and if prospec- 
tive purchasers enter into an agreement 
with the purpose to stifle competition In 



bidding, and which agreement has that ef- 
fect, the vendor may avoid the sale. Ham- 
mond v. Alexander, 31 I. 791, 177 P. 400. 

Disposition of proceeds: Funds de- 
rived from the various land grants under 
the admission act are trust funds, and are 
not, strictly speaking, subject to appro- 
priation by the legislature. It requires 
legislative action, however, in order that 
the proceeds of such funds may become 
available for the purpose designated by the 
terms of the grants. Evans v. Van Deusen, 
31 I. 614, 174 P. 122. 



§ 9. Compulsory attendance at schools. The legislature may re- 
quire by law that every child of sufficient mental and physical ability 
shall attend the public school throughout the period between the ages 
of six and eighteen years, for a time equivalent to three years, unless 
educated by other means. 



Cited: Pike v. 
(1911) 19 I. 268 



S. Bd. of Land Comrs. 
113 P. 447, Ann. Cas. 



1912B 1344; (Dis. op.) Fenton v. Comrs. 
of Ada Co. (1911) 20 I. 392, 119 P. 41. 



§ 10. State university: Location, regents and lands. The location 
of the university of Idaho, as established by existing laws, is hereby 
confirmed. All the rights, immunities, franchises, and endowments, 
heretofore granted thereto by the territory of Idaho are hereby per- 
petuated unto the said university. The regents shall have the general 
supervision of the university, and the control and direction of all 
the funds of, and appropriations to, the university, under such regula- 
tions as may be prescribed by law. No university lands shall be sold 
for less than ten dollars per acre, and in subdivisions not to exceed 
one hundred and sixty acres, to any one person, company or corpora- 
tion. 

Cross ref. See annotations to Const. "V, 
10, and code § 1059. 

Cited: Pike v. S. Bd. of Land Comrs. 
(1911) 19 I. 268, 113 P. 447, Ann. Cas. 
1912B 1344; Moscow Hdw. Co. v. Regents 
of the University (1911) 19 I. 420, 113 P. 

§ 11. Loaning educational funds. The permanent educational funds 
other than funds arising from the disposition of university lands be- 
longing to the state, shall be loaned on first mortgage on improved 
farm lands within the state, state, United States, or school district bonds, 
or state warrants, under such regulations as the legislature may pro- 
vide: Provided, That no loan shall be made on any amount of money 
exceeding one-third of the market value of the lands at the time of the 
loan, exclusive of buildings. 



731; First Nat. Bk. v. Regents of the Uni- 
versity (1911) 19 I. 441, 113 P. 735; Phoe- 
nix Lbr. Co. v. Regents of University 
(1908) 197 F. 425; Interstate Const. Co. v. 
Regents of University, 199 F. 509. 



Hist. Amendment No. 7, proposed '99, 
p. 330, S. J. R. 12, adopted Nov. 6, 1900, 
effective Nov. 28, 1900. The section orig- 
inally read: 

§ 11. The permanent educational funds, 
other thnn funds arising from the disposi- 
tion of university lands belonging to the 
state, shall be loaned on first mortgage on 
improved farm lands within the state, or 



on state or United States bonds, under 
such regulations as the legislature may pro- 
vide; Provided, That no loan shall be made 
of any amount of money exceeding one- 
third of the market value of the lands at 
the time of the loan, exclusive of build- 
ings. 

Cited: S. v. Fitzpatrick (1897) 5 I. 499, 
51 P. 112. 



2744 



PUBLIC INSTITUTIONS Const. X, 6 

ARTICLE X. 
PUBLIC INSTITUTIONS. 

Section Section 

1. State to establish and support institu- 5. State prison commissioners, 
tions. 6. Directors of insane asylum. 

2. Seat of government. 7. Change in location of institutions. 

3. Same: Change in location. 

4. Property of territory becomes proper- 
ty of state. 

§ 1. State to establish and support institutions. Educational, re- 
formatory, and penal institutions, and those for the benefit of the insane, 
blind, deaf and dumb, and such other institutions as the public good may 
require, shall be established and supported by the state in such manner 
as may be prescribed by law. 

§ 2. Seat of government. The seat of government of the state of 
Idaho shall be located at Boise City for twenty years from the admission 
of the state, after which time the legislature may provide for its relo- 
cation, by submitting the question to a vote of the electors of the state 
at some general election. 

§ 3. Same: Change in location. The legislature may submit the 
question of the location of the seat of government to the qualified voters 
of the state at the general election, then next ensuing, and a majority 
of all the votes upon said question cast at said election shall be necessary 
to determine the location thereof. Said legislature shall also provide 
that in case there shall be no choice of location at said election the 
question of choice between the two places for which the highest number 
of votes shall have been cast shall be submitted in like manner to the 
qualified electors of the state at the next general election. 

§ 4. Property of territory becomes property of state. All property 
and institutions of the territory shall, upon the adoption of the constitu- 
tion, become the property and institutions of the state of Idaho. 

§ 5. State prison commissioners. The governor, secretary of state 
and attorney general shall constitute a board to be known as the state 
prison commissioners, and shall have the control, direction and man- 
agement of the penitentiaries of the state. The governor shall be chair- 
man, and the board shall appoint a warden, who may be removed at 
pleasure. The warden shall have the power to appoint his subordinates, 
subject to the approval of the said board. 

Management of penitentiary: Since this Meetings of board: The board of state 
section confers on the board of prison com- prison commissioners created by this sec- 
missioners the management and control of tion » ma y meet at such times as they deem 
the penitentiary, the legislature has no necessary; a majority of the officers con- 
power to take from the board such man- stituting the board may hold a meeting 
. -. . , and transact any business which the board 
agement and control or to make any is authorized to transact, and it is not nee 
rules and regulations for the government essary for them to give notice to a mem- 
of the board which would in any way in- ber of the board who is, at the time of 
terfere with the efficient management and calling and holding the meeting, beyond 
control of the institution. Ackley v. Per- the jurisdiction of the state. (Stockslager, 
rin (1905) 10 I. 531, 79 P. 192. J., dissents.) lb. 

§ 6. Directors of insane asylum. There shall be appointed by the 
governor three directors of the asylum for the insane, who shall be 
confirmed by the senate. They shall have the control, direction and 
management of the said asylums, under such regulations as the legisla- 
ture shall provide, and hold their offices for a period of two years. The 
directors shall have the appointment of the medical superintendent, who 
shall appoint the assistants with the approval of the directors. 

Cited: (Dis. op.) Pyke v. Steunenberg 
(1897) 5 I. 614, 51 P. 614; Ackley v. Per- 
rin (1905) 10 I. 531, 79 P. 192. 

2745 



Const. X, 7 



CONSTITUTION OF IDAHO 



§ 7. Change in location of institutions. The legislature for sanitary 
reasons may cause the removal to more suitable localities of any of the 
institutions mentioned in section one of this article. 

ARTICLE XI. 
CORPORATIONS, PUBLIC AND PRIVATE. 



Section Section 

1. Certain grants and charters invali- 10. 
dated. 11. 

2. Special charters prohibited. 12. 

3. Revocation and alteration of charters. 

4. Shares of stock: How voted. 13. 

5. Regulation and control of railroads. 14. 

6. Equal transportation rights guaran- 
teed. 15. 

7. Acceptance of constitution by corpora- 16. 
tions. 17. 

8. Right of eminent domain and police 18. 
power reserved. 

9. Increase in capital stock. 



Regulation of foreign corporations. 
Constructing railroad in city or town. 
Retroactive laws favoring corpora- 
tions prohibited. 

Telegraph and telephone companies. 
Consolidation of corporations with 
foreign corporations. 
Transfer of franchises. 
Term "corporation" defined. 
Liability of stockholders: Dues. 
Combinations in restraint of trade 
prohibited. 



§ 1. Certain grants and charters invalidated. All existing charters 
or grants of special or exclusive privileges, under which the corpora- 
tions or grantees shall not have organized or commenced business in 
good faith at the time of the adoption of this constitution, shall there- 
after have no validity. 

Cited: Byrns v. Moscow (1912) 21 I. 
398, 403, 121 P. 1034. 

§ 2. Special charters prohibited. No charter of incorporation shall 
be granted, extended, changed or amended by special law, except for 
such municipal, charitable, educational, penal or reformatory corpora- 
tions as are or may be, under the control of the state ; but the legislature 
shall provide by general law for the organization of corporations here- 
after to be created: Provided, That any such general law shall be sub- 
ject to future repeal or alteration by the legislature. 



Cited: Wiggin v. Lewiston (1902) 8 I. 
527, 69 P. 286. 

Special legislation: This section prohib- 
its the enactment of local or special laws 
on the subjects therein enumerated, but 
leaves the legislature master of its own 
discretion in passing special laws on sub- 
jects not prohibited by the constitution. 
Butler v. Lewiston (1905) 11 I. 393, 83 P. 
234. 

Legislature may extend, amend or change 
by special law any educational corpora- 
tion charter existing at the time of the 
adoption of the constitution. Howard v. 
Ind. Sch. Dist. No. 1 (1910) 17 I. 537, 106 
P. 692. 

Under the provisions of the constitution, 
the special charter of the city of Lewiston 
may be amended by a special law enacted 
for that specific purpose, or by a general 
law which declares a state policy concern- 
ing police regulations or in regard to mat- 
ters affecting the state at large. Ordi- 
nances providing for the pavement of 
streets, construction of sewers and levy- 



ing assessments to pay therefor are mat- 
ters of local concern, and the special char- 
ters of the cities of this state in regard to 
such local matters can be amended only 
by special law. Mix v. Comrs. of Nez 
Perce Co. (1910) 18 I. 695, 112 P. 215, 32 
L. R. A. (N. S.) 53 4. 

Joint stock companies: The provision 
of this section which requires the legisla- 
ture to provide by general law for the or- 
ganization of corporations, is directed ex- 
clusively to the legislature, and is not op- 
erative without legislative action; the pro- 
vision does not prevent individuals from 
organizing a joint stock company having 
attributes different from those of ordinary 
corporations. Spotswood v. Morris (1906) 
12 I. 360, 85 P. 1094. 

This section has no application to a vol- 
untary joint stock company which has no 
franchise of incorporation, and which ex- 
ercises no powers or privileges of a cor- 
poration which are not possessed by indi- 
viduals or partnerships. lb. 



§ 3. Revocation and alteration of charters. The legislature may 
provide by law for altering, revoking, or annulling any charter of incor- 
poration existing and revocable at the time of the adoption of this con- 
stitution, in such manner, however, that no injustice shall be done to 
the incorporators. 



2746 



CORPORATIONS, PUBLIC AND PRIVATE Const. XI, 6 

Amendment of municipal charters: The the legislature. Wiggin v. Lewiston (1902) 
charter of the city of Lewiston, which ante- 8 I. 527, 69 P. 286. 
dates the constitution, may be amended by 

§ 4. Shares of stock: How voted. The legislature shall provide by 
law that in all elections for directors or managers of incorporated com- 
panies, every stockholder shall have the right to vote in person or by 
proxy, for the number of shares of stock owned by him, for as many per- 
sons as there are directors or managers to be elected, or to cumulate 
said shares, and give one candidate as many votes as the numbers of 
directors multiplied by the number of his shares of stock, shall equal, or 
to distribute them on the same principle among as many candidates as 
he shall think fit, and such directors shall not be elected in any other 
manner. 

Cited: Olympia M. Co. v. Kerns (1907) 
18 I. 514, 91 P. 92; Byrns v. Moscow (1912) 
21 I. 398, 403, 121 P. 1034. 

§ 5. Regulation and control of railroads. All railroads shall be pub- 
lic highways, and all railroad, transportation, and express companies 
shall be common carriers, and subject to legislative control, and the leg- 
islature shall have the power to regulate and control by law, the rate of 
charges for the transportation of passengers and freight by such com- 
panies or other common carriers from one point to another in the state. 
Any association or corporation organized for the purpose, shall have 
the right to construct and operate a railroad between any designated 
points within this state, and to connect within or at the state line with 
railroads of other states and territories. Every railroad company shall 
have the right with its road, to intersect, connect with, or cross any other 
railroad, under such regulations as may be prescribed by law, and upon 
making due compensation. 

Cross ref. Common carrier denned under the right of eminent domain, and if it has 

public utility law: § 2380. refused to carry saw logs of others or 

Cited: (Erroneously cited Art. II). Pe- transport their freight, it may be compelled 

terson v. O. S. L. Co., 2 I. P. U. C. 113; to do so. Connolly v. Woods (1907) 13 I. 

(Erroneously cited as Art. II) N. P. Ry. 591, 92 P. 573. 

Co. v Gifford (1913) 25 I. 196, 210, 136 P. Applied: All railroads are public high- 

1131; Blackwell Lbr. Co. v. Empire Mill ways and com mon carriers, irrespective of 

Co. (1916) 28 I. 556, 579, 155 P. 680. the intention of the corporatxon. McLean 

Compulsory service: A railway company v. Dist. Ct. (1913) 24 I. 441, 134 P. 536, 

if it is a public service corporation has Ann. Cas. 1915D 542. 

§ 6. Equal transportation rights guaranteed. All individuals, asso- 
ciations, and corporations, similarly situated, shall have equal rights to 
have persons or property transported on and over any railroad, transpor- 
tation, or express route in this state, except that preference may be giv- 
en to perishable property. No undue or unreasonable discrimination 
shall be made in charges or facilities for transportation of freight or 
passengers of the same class, by any railroad, or transportation, or ex- 
press company, between persons or places within this state ; but excur- 
sion or commutation tickets may be issued and sold at special rates, pro- 
vided such rates are the same to all persons. No railroad, or transpor- 
tation, or express company shall be allowed to charge, collect or receive, 
under penalties which the legislature shall prescribe, any greater charge 
or toll for the transportation of freight or passengers, to any place or 
station upon its route or line, than it charges for the transportation of 
the same class of freight or passengers to any more distant place or sta- 
tion upon its route or line within this state. No railroad, express, or 
transportation company, nor any lessee, manager, or other employee 
thereof, shall give any preference to any individual, association or cor- 

2747 



Const. XI, 7 CONSTITUTION OF IDAHO 

poration, in furnishing cars or motive power or for the transportation 
of money or other express matter. 

Cited: (EnonoouslyasArt.il). Farm- or classes of traffic. An unexplained dif- 

ers' etc. Co. v. O. S. L. Ry. Co. 1 P. U. C. ference in rates between main and branch 

1. 114; (Dis. op.) John v. N. P. Ry. Co. lines is a prima facie case of discrimina- 

(1910 Mont.) Ill P. 632, 643. tion and the burden is upon defendant to 

Undue discrimination: Where a railroad Justify. (ErroneouslycitedArt.il.) Pe- 

grantfl the exclusive privilege to a steam- terson v. O. S. L. Co., 2 P. U. C. I. 113, 

boat company of receiving and discharging 116. 

freight and passengers at a dock, being Classification: This provision of the con- 

the only means of approach from the stitution authorizes the legislature to make 

waterway, same is undue and unreason- classification of passengers on railroads, 

able discrimination. Coeur d'Alene etc. Co. and different rates and privileges for sep- 

v. Ferrell (1912) 22 I. 752, 128 P. 565, 43 arate classes, provided that unreasonable 

L. R. A. (N. S.) 965. discrimination shall not be made between 

It was intended to prohibit unequal rates passengers of the same class. (Erroneous- 

for substantially the same service as well ly cited Art. II.) Abrams v. P. & I. N. Co., 

as a difference between persons, localities, 2 P. U. C. I. 137, 141-2. 

§ 7. Acceptance of constitution by corporations. No corporation 
other than municipal corporations in existence at the time of the adop- 
tion of this constitution, shall have the benefit of any future legislation, 
without first filing in the office of the secretary of state an acceptance of 
the provisions of this constitution in binding form. 

Cross ref. Express reference to this sec- 
tion: § 2802. 

§ 8. Right of eminent domain and police power reserved. The right 
of eminent domain shall never be abridged, nor so construed as to 
prevent the legislature from taking the property and franchises of incor- 
porated companies, and subjecting them to public use, the same as the 
property of individuals; and the police powers of the state shall never 
be abridged nor so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of individuals, 
or the general well being of the state. 

Cited: Sandpoint W. etc. Co. v. Sand- 
point, 31 I. 498, 173 P. 972. 

§ 9. Increase in capital stock. No corporation shall issue stocks or 
bonds, except for labor done, services performed, or money or property 
actually received; and all fictitious increase of stock or indebtedness 
shall be void. The stock of corporations shall not be increased except 
in pursuance of general law, nor without the consent of the persons 
holding a majority of the stock, first obtained at a meeting, held after at 
least thirty days' notice given in pursuance of law. 

Property defined: Property includes both to whether a corporation may issue its 
real and personal property, and personal bonds secured by mortgage for the pay- 
property includes money, goods, chattels, ment of preexisting indebtedness or for a 
things in action and evidences of debt. pledge as collateral for preexisting indebt- 
( Erroneously cited as Art. II.) Meholin edness, mooted, but not decided. Union 
v. Carlson (1910) 17 I. 742, 764, 107 P. 755, Trust etc. Bk. v. Idaho S. & R. Co. (1913) 
134 A. S. R. 286. 24 I. 735, 135 P. 822. 

Payment of preexisting indebtedness: As 

§ 10. Regulation of foreign corporations. No foreign corporation 
shall do any business in this state without having one or more known 
places of business, and, an authorized agent or agents in the same, upon 
whom process may be served, and no company or corporation formed 
under the laws of any other country, state, or territory, shall have or be 
allowed to exercise or enjoy, within this state any greater rights or 
privileges than those possessed or enjoyed by corporations of the same 
or similar character created under the laws of this state. 

Cited: Smith v. Alberta etc. Rec. Co. P. 765, 15 L. R. A. (N. S.) 299, 13 Ann. 
(1903) 9 I. 399, 74 P. 1071; Valley L. & Cas. 63; Union Stock Yards Nat. Bk. v. 
Mfg. Co. v. Driessel (1907) 13 I. 662, 93 Bolan (1908) 14 I. 87, 93 P. 508, 125 A. 

2748 



CORPORATIONS, PUBLIC AND PRIVATE 



Const. XI, 13 



S. R. 146; War Eagle Con. M. Co. v. Dickie 
(1908) 14 I. 534, 94 P. 1034; Kiesel v. 
Bybee (1908) 14 I. 670, 95 P. 20; Tarr v. 
Western etc. Co. (1909) 15 I. 741, 99 P. 
1049, 21 L. R. A. (N. S.) 707; Keating v. 
Keating M. Co. (1910) 18 I. 660, 112 P. 
2 06; Dickens-West M. Co. v. Crescent etc. 
Co. (1914) 26 I. 153, 141 P. 566. 

Provision self-acting: This provision is 
self-acting and self-operative in so far as 
it requires the facts therein enumerated 
to exist at the time a foreign corporation 
begins to do business within the state, and 
it requires such corporations to subject 
themselves to the jurisdiction and laws of 
this state before they are given recognition 
or legal existence within its borders. Katz 
v. Herrick (1906) 12 I. 1, 86 P. 873. 

Doing business: The prosecution of an 
action in this state for the collection of a 
debt contracted in another state, and pay- 
able in that state, does not constitute doing 
business in this state. Bonham Nat. Bk. 
v. Grimes P. M. Co. (1910) 18 I. 629, 111 
P. 1087. 

The prosecution of an action in this state 
for the foreclosure of a real estate mort- 
gage, transferred and assigned to the plain- 
tiff in another state before maturity, and 
for which plaintiff comes into the courts 
of the state for the sole and only purpose 
of maintaining such action, does not con- 
stitute doing business within this state 
within the meaning of the constitution. 
Diamond Bk. v. Van Meter (1911) 19 I. 
225, 113 P. 97. 



The provisions of this section prohibit- 
ing a foreign corporation "doing business 
in this state" without first filing its articles 
of incorporation and designating an agent, 
do not apply to a foreign corporation doing 
interstate business or a corporation that 
sells an article in another state to 
a citizen of this state, and which 
thereafter finds it necessary to resort to 
the court of this state for the collection of 
the debt, nor do they apply to a foreign 
corporation which bids in real estate at 
execution sale for the collection of a judg- 
ment due to the corporation, and which 
judgment arises out of an interstate trans- 
action. Foore v. Simon Piano Co. (1910) 
18 I. 167, 108 P. 1038. 

Deed to trustee for noncomplying corpor- 
ation: A foreign corporation can not take 
or hold title to realty prior to complying 
with this section and § 4776, but a con- 
veyance to a trustee for its benefit prior 
to doing business is not void. (Op. by 
Budge, J., concurred in by Sullivan, C. J., 
Morgan, J., dissenting) Donaldson v. 
Thousand Springs P. Co. (1916) 29 I. 735, 
162 P. 334. 

A trustee or agent of a corporation can 
no more take title under the statute than 
the corporation and a conveyance to such 
a trustee is void. (Op. by Rice, J. on re- 
hearing, concurred in by Morgan, J.; 
Budge, C. J., dissenting.) Donaldson v. 
Thousand Springs P. Co. (1917) 29 I. 754, 
162 P. 334. 

Additional references: For further ref- 
erences see annotations to §§ 4772-9. 



use as a right of way streets within said 
city or village, and in all such cases both 
the city or village and the railway com- 
pany must comply with the provisions of 
the law and also the ordinances of such 
village. Trueman v. St. Maries (1912) 21 
I. 632, 123 P. 508. 



§ 11. Constructing railroad in city or town. No street, or other rail- 
road, shall be constructed within any city, town, or incorporated village 
without the consent of the local authorities having the control of the 
street or highway proposed to be occupied by such street or other railroad. 

Construed: The constitution and laws of 
this state clearly confer the right upon a 
railway company to construct its railway 
within a city or village upon complying 
with the laws of the state, and also grant 
power and authority to cities and villages 
to pass ordinances granting a right of way 
to a railway company to lay its track and 

§ 12. Retroactive laws favoring corporations prohibited. The legis- 
lature shall pass no law for the benefit of a railroad, or other corpora- 
tion, or any individual or association of individuals retroactive in its 
operation, or which imposes on the people of any county or municipal 
subdivision of the state, a new liability in respect to transactions or con- 
siderations already past. 

Ratification of acts of state land board: 

The legislature, acting for and on behalf 
of the state as the representatives of the 
people, has the right to approve and rati- 
fy the action of the state land board in 
a transaction wherein the legislature would 
have had, in the first place, the power to 
authorize the doing of the thing which 

§ 13. Telegraph and telephone companies. Any association or cor- 
poration, or the lessees or managers thereof, organized for the purpose, 
or any individual, shall have the right to construct and maintain lines of 
telegraph or telephone within this state, and connect the same with other 
lines; and the legislature shall by general law of uniform operation 
provide reasonable regulations to give full effect to this section. 



the land board has done and which it is 
proposed to ratify, adopt and confirm, even 
though the act when performed by the 
land board was without and in excess of 
the powers then conferred upon such 
board. Rogers v. Hawley (1911) 19 I. 751, 
115 P. 687. 



2749 



Const. XI, 14 



CONSTITUTION OF IDAHO 



§ 14. Consolidation of corporations with foreign corporations. If 

any railroad, telegraph, express, or other corporation, organized under 
any of the laws of this state, shall consolidate by sale or otherwise with 
any railroad, telegraph, express, or other corporation organized under 
any of the laws of any other state or territory, or of the United States, 
the same shall not thereby become a foreign corporation, but the courts 
of this state shall retain jurisdiction over that part of the corporate 
property within the limits of the state in all matters that may arise, as 
if said consolidation had not taken place. 

§ 15. Transfer of franchises. The legislature shall not pass any law 
permitting the leasing or alienation of any franchise so as to release or 
relieve the franchise or property held thereunder from any of the lia- 
bilities of the lessor or grantor, or lessee or grantee, contracted or in- 
curred in the operation, use, or enjoyment of such franchise, or any of 
its privileges. 



Cited: Childs v. Neitzel (1914) 26 I. 
116, 141 P. 77. 

Applied: Where judgment was recovered 
against a corporation for tort, plaintiff was 
not entitled to have the same allowed as 
a preferred claim against the corporation's 
assets in insolvency as against the rights 
of prior mortgage bondholders under this 
section. Sundles v. Ida. Ore. L». & P. Co. 
(1914) 218 P. 698. 

A judgment obtained for personal in- 
juries inflicted by a corporation becomes a 
lien against the franchise and property of 
such corporation in the hands of a pur- 
chaser or grantee, and is superior to any 
subsequent bonds, mortgages or encum- 
brances placed thereon by such purchaser 
or grantee. Seymour v. Boise Rr. Co. 
(1913) 24 I. 7, 132 P. 427. 

On a receivership a judgment is a pre- 
ferred claim against proceeds of sale over 



the claims of bondholders under a mort- 
gage which covers after acquired property, 
and over the claims of other creditors. 
Towle v. Great Shoshone etc. Co. (1916) 
2 42 P. 733; American Waterworks etc. Co. 
v. Towle (1917) 245 F. 706. 

Debt sought to be recovered under this 
section must appear to have been "con- 
tracted or incurred in the operation, use or 
enjoyment" of the franchise or privileges 
of such corporation. Union Trust etc. Bk. 
v. Idaho S. & R. Co. (1913) 24 I. 735, 135 
P. 822. 

Appointment of receiver: Under this 
section, court may appoint a receiver to 
manage property which has been leased, 
pending litigation involving rights of water 
users in leased irrigation company. Idaho 
Fruit Land Co. v. Great Western etc. Co. 
(1909) 17 I. 273, 105 P. 562. 



§ 16. Term "corporation" denned. The term "corporation" as used 
in this article, shall be held and construed to include all associations and 
joint stock companies having or exercising any of the powers or privi- 
leges of corporations not possessed by individuals or partnerships. 



Unincorporated associations: An unin- 
corporated association or joint stock com- 
pany may be formed by individuals for the 
purchase of a single tract of real estate, 
the title to which may be taken in a trus- 
tee, and the articles of agreement may 
provide that the death of a shareholder 
shall not result in the dissolution of the 



association, and that either or any of the 
officers or shareholders shall not sell or 
dispose of any property of the association 
without the concurrence of the sharehold- 
ers; such an association is not a corporation 
under the constitution or statutes, but is 
a form of special partnership. Spotswood 
v. Morris (1906) 12 I. 360, 85 P. 1094. 



§ 17. Liability of stockholders: Dues. Dues from private corpora- 
tions shall be secured by such means as may be prescribed by law, but 
in no case shall any stockholder be individually liable in any amount 
over or above the amount of stock owned by him. 

Co. 



Cited: Weil v. Defenbach (1918) 31 I. 
258, 170 P. 103. 

Construed: This section relates to and 
limits the personal liability of a stockhold- 
er, but in no way limits the power of the 
corporation to make assessments upon 
stock fully paid up, and to subject such 
stock to sale in default of the payment of 



such assessment. Wall v. Basin M. 
(1909) 16 I. 313, 101 P. 733. 

The last clause of this section does not 
exempt a stockholder from the payment 
of his debt arising out of an unpaid sub- 
scription. Peehan v. Kendrick, 32 I. — , 
179 P. 507. 



§ 18. Combinations in restraint of trade prohibited. That no incor- 
porated company, or any association of persons or stock company, in 
the state of Idaho, shall directly or indirectly combine or make any con- 
tract with any incorporated company, foreign or domestic, through 



2750 



CORPORATIONS, MUNICIPAL 



Const. XII, 1 



their stockholders, or the trustees or assignees of such stockholders, or 
in any manner whatsoever, for the purpose of fixing the price, or regu- 
lating the production of any article of commerce or of produce of the 
soil, or of consumption by the people; and that the legislature be re- 
quired to pass laws for the enforcement thereof, by adequate penalties, 
to the extent, if necessary for that purpose, of the forfeiture of their 
property and franchise. 



Public utilities: The public utilities act 
is justified by this provision of constitu- 
tion, for it is largely concerned with pre- 
venting unreasonable rates and combina- 
tions by public utilities. Idaho P. & L. Co. 
v. Blomquist (1914) 26 I. 222, 141 P. 1083, 
Ann. Cas. 1916E 282. 

All property is held subject to the power 
of the state to regulate or control its use 
and a corporation on being vested with 
powers and franchises to serve the public 
becomes in law subject to governmental 
regulation. lb. 

Monopoly created by combination, by di- 
viding the territory to be supplied, or by 
driving out the weaker corporation by the 



stronger, and thereafter taxing the busi- 
ness all it will stand, is the kind of monop- 
oly and combination that the framers of 
the constitution had in mind; not a public 
utility corporation governed and controlled 
by law, as the legislature has sought to 
govern and regulate such corporations by 
the provisions of the public utilities act. 
lb. 

This section does not either directly or 
indirectly prohibit the legislature from en- 
acting a law whereby rates to be charged 
by public utility corporations for their serv- 
ices and product may be made or estab- 
lished, lb. 



ARTICLE XII. 
CORPORATIONS, MUNICIPAL. 

Ciited: Fenton v. Comrs. of Ada Co. (1911) 20 I. 392, 400, 119 P. 41. 
Section Section 

1. General laws for cities and towns. 4. Municipal corporations not to loan 

2. Local police regulations authorized. credit. 

3. State not to assume local indebtedness. 

§ 1. General laws for cities and towns. The legislature shall pro- 
vide by general laws for the incorporation, organization and classifica- 
tion of the cities and towns, in proportion to the population, which laws 
may be altered, amended, or repealed by the general laws. Cities and 
towns heretofore incorporated, may become organized under such gen- 
eral laws, whenever a majority of the electors at a general election 
shall so determine, under such provisions therefor as may be made by 
the legislature. 



Cited: P. V. Bancroft (1892) 3 I. 356, 
29 P. 112; (Con. op.) Green v. S. Bd. Can- 
vassers (1896) 5 I. 130, 47 P. 259; Brown 
v. Grangeville (1902) 8 I. 784, 71 P. 151; 
Boise City Nat. Bk. v. Boise (1909) 15 I. 
792, 100 P. 93; Mix v. Comrs. of Nez Perce 
Co. (1910) 18 I. 695, 112 P. 215, 32 L. R. 
A. (N. S.) 534; (Erroneously in syllabus 
for XII, 2) Baillie v. Wallace (1913) 24 
I. 706, 135 P. 850, 4 N. C. C. A. 411; Hodges 
v. Tucker (1914) 25 I. 563, 572, 138 P. 
1139. 

Construed: The provisions of this sec- 
tion include the power to designate the of- 
ficers of municipal governments, the man- 
ner of their election and the duties to be 
fulfilled by each officer. Vineyard v. Coun- 
cil of Grangeville (1908) 15 I. 436, 98 P. 
422. 

It is within the power of the legislature 
to provide for the incorporation and or- 
ganization of cities and villages, and to au- 
thorize such cities and villages to make 
public improvements such as paving, grad- 
ing and guttering streets, and the building 
of sidewalks and the construction of curb- 
ing, and providing that the cost of such 
improvements may be paid from the gen- 



eral levy of taxes, or by means of special 
assessments made against the property spe- 
cially benefited, and that municipal bonds 
may be issued for the purpose of raising 
such revenue with which to pay for such 
improvements, and that all such regula- 
tions and matters are entirely within the 
power of the legislature and may be pro- 
vided for by proper legislation. Byrns v. 
Moscow (1912) 21 I. 398, 121 P. 1034. 

General incorporation laws: Power is di- 
rectly given to the legislature to enact gen- 
eral laws for the incorporation of cities, 
towns and villages, and to alter, amend or 
repeal such laws at any time. S. v. Steun- 
enberg (1896) 5 I. 1, 45 P. 462. 

Reorganization of cities: The latter part 
of this section of the constitution points 
out a means by which towns or villages 
which had been incorporated prior to the 
adoption of the constitution, may become 
organized into cities under general laws; 
that is, whenever a majority of the elec- 
tors, at a general election held for that 
purpose, so indicate by their votes. S. v. 
Steunenberg (1896) 5 I. 1, 45 P. 462. 

This section reserves the right to the 
people of a city organized under special 



2751 



Const. XII, 2 



CONSTITUTION OF IDAHO 



Charter Issued prior to the adoption of the 
constitution to change the form of govern- 
ing nt by vote of a majority of the elec- 
tors at an election held for such purpose. 
Kessler v. Prltchman (1911) 21 I. 30, 119 
P. 692. 

The words "general election" as used 
in this section mean that the general elec- 
tion should be a general election for the 
purpose of changing the form of govern- 
ment, at which the people having the gen- 
eral qualifications of electors to vote should 
have a free and open opportunity of ex- 
pressing- themselves upon the questions sub- 
mitted, and that such qualification should 
not be limited to any special qualification, 
and does not mean that such election shall 
be at the time of a general election under 
either the general election laws or the 
state or the municipality holding such 
election. (Sullivan, J., dissents.) lb. 

The constitution did not attempt to 
change or abrogate the method of organ- 
izing a municipal corporation in the first 
instance as provided by R. S. § 2224, but 
did propose that before a city or town 
already incorporated should be taken out 
from under its special charter or the law 
under which it was then operating, the 
question should be submitted to all the 
electors of the municipality without quali- 
fication or limitation and thus be deter- 

§ 2. Local police regulations authorized. Any county or incorpor- 
ated city or town may make and enforce, within its limits, all such local, 
police, sanitary and other regulations as are not in conflict with its char- 
ter or with the general laws. 



mined by the general electorate of the 
city or town. lb. 

Special legislation not prohibited: This 
section prohibits the enactment of local or 
special laws on the subjects therein enum- 
erated, but leaves the legislature master of 
its own discretion in passing special laws 
on subjects not prohibited by the constitu- 
tion. Butler v. Lewiston (1905) 11 I. 393, 
83 P. 234. 

Amendments of special charters: The 
legislature is not required to submit acts 
amending special charters of cities to the 
electors of such cities prior to their going 
into effect. Butler v. Lewiston (1905) 11 
I. 393, 83 P. 234. 

Special charters issued to cities by the 
territorial legislature prior to the adoption 
of the constitution of this state can only 
be amended by special acts of the legis- 
lature. Kessler v. Pritchman (1911) 21 
1. 30, 119 P. 692. 

Commission government act: The act 

of March 13, 1911, '11, c. 82, p. 280, known 
as the commission government act, is not 
in conflict with this section of the con- 
stitution, and it was within the power and 
authority of the legislature to enact the 
same. (Sullivan, J. dissents.) Kessler v. 
Pritchman (1911) 21 I. 30, 119 P. 692; 
Swain v. Fritchman (1912) 21 I. 783, 125 
P. 319. 



Cited: Re Francis (1900) 7 I. 98, 60 P. 
561; Re Snider (1905) 10 I. 682, 79 P. 
819; Gale v. Moscow (1908) 15 I. 332, 97 
P. 82 8; Mix v. Comrs. of Nez Perce Co. 
(1910) 18 I. 695, 112 P. 215, 32 L. R. A. 
(N. S.) 534; Byrns v. Moscow (1912) 21 
I. 398, 121 P. 1034; Baillie v. Wallace 
(1913) 24 I. 706, 135 P. 850, 4 N. C. C. 
A. 411; S. v. Frederic (1916) 28 I. 709, 155 
P. 977. 

Municipal ordinances: This provision 
authorizes the council of any city to make 



and enforce all ordinances that are not in 
conflict with the general law, and forbids 
the making and enforcing of any ordinance 
in conflict with the general law. Re Riden- 
baugh (1897) 5 I. 371, 49 P. 12. 

Cities have the power to prescribe and 
enforce police regulations punishing mis- 
demeanors, notwithstanding a general 
statute prescribing a punishment for the 
same offense. S. v. Quong (1891) 8 I. 191, 
67 P. 491. 



§ 3. State not to assume local indebtedness. The state shall never 
assume the debts of any county, town, or other municipal corporation, 
unless such debts shall have been created to repel invasion, suppress in- 
surrection or defend the state in war. 



Quasi-municipal corporation: "Other 
municipal corporations," as used in the 
constitution, must necessarily have refer- 
ence to such municipal corporations as may 
be created by law in addition to counties, 
towns or cities. An irrigation district is a 



political subdivision of the state, similar 
in kind and character to a county or city 
in general form of government, and is a 
quasi-municipal corporation. Pioneer Irr. 
Dist. v. Walker (1911) 20 I. 605, 119 P. 
304. 



§ 4. Municipal corporations not to loan credit. No county, town, 
city, or other municipal corporation, by vote of its citizens or otherwise, 
shall ever become a stockholder in any joint stock company, corporation 
or association whatever, or raise money for, or make donation or loan 
its credit to, or in aid of, any such company or association: Provided, 
That cities and towns may contract indebtedness for school, water, 
sanitary and illuminating purposes: Provided, That any city or town 
contracting such indebtedness shall own its just proportion of the prop- 
erty thus created, and receive from any income arising therefrom, its 
proportion to the whole amount so invested. 



2752 



IMMIGRATION AND LABOR 



Const. XIII, 3 



Cited: S. v. Union etc. Co. (1902) 8 I. 
240, 67 P. 647. 

Municipal corporations: Irrigation dis- 
tricts are municipal corporations within 
the meaning of this section. Pioneer Irr. 
Dist. v. Walker (1911) 20 I. 605, 119 P. 
304. School districts are municipal cor- 
porations within the meaning of this sec- 
tion. Sch. Dist. No. 8 v. Twin Falls etc. 
Co. (1917) 30 I. 400, 164 P. 1174. 

Private enterprises: Railroad building: 
An act of the legislature providing for the 
formation of railroad districts and the vot- 
ing of bonds and purchase or construction 
of railroads by such districts and providing 
for operating or leasing the same, is in 
violation of this section. Atkinson v. 
Comrs. of Ada Co. (1910) 18 I. 282, 108 P. 
1046, 28 L. R. A. (N. S.) 412. 



Same: Fair associations: A donation 
by the board of county commissioners to 
a live stock or fair association, a private 
corporation, is invalid. R. C. § 3040, at- 
tempting to legalize donations by county 
to private agricultural fair association con- 
travenes this section and is unconstitution- 
al. Fluharty v. Comrs. of Nez Perce Co. 

(1916) 29 I. 203, 158 P. 320. 

But the levying of a special tax for the 
purpose of exhibiting the products and in- 
dustries of the county, as provided by § 
3438 is constitutional. Bevis v. Wright, 
31 I. 676, 175 P. 815. 

Same: Insurance company: A school 
district can not become a member of a 
county mutual fire insurance company. 
Sch. Dist. No. 8. v. Twin Falls etc. Co. 

(1917) 30 I. 400, 164 P. 1174. 



ARTICLE XIII. 
IMMIGRATION AND LABOR. 



Section 

6. Mechanics' liens to be provided. 

7. Boards of arbitration. 

8. Duties and compensation of commis- 
sioner. 



Section 

1. Bureau of immigration: Commissioner. 

Protection and hours of labor. 

Restrictions on convict labor. 

Child labor in mines prohibited. 

Aliens not to be employed on public 

work. 

§ 1. Bureau of immigration: Commissioner. There shall be estab- 
lished a bureau of immigration, labor and statistics, which shall be under 
the charge of a commissioner of immigration, labor and statistics, who 
shall be appointed by the governor, by and with the consent of the 
senate. The commissioner shall hold his office for two years, and until 
his successor shall have been appointed and qualified, unless sooner 
removed. The commissioner shall collect information upon the subject 
of labor, its relation to capital, the hours of labor and the earnings of 
laboring men and women, and the means of promoting their material, 
social, intellectual and moral prosperity. The commissioner shall an- 
nually make a report in writing to the governor of the state of the in- 
formation collected and collated by him, and containing such recom- 
mendations as he may deem calculated to promote the efficiency of the 
bureau. 

Cross ref. Express reference to this sec- 
tion: Bureau of immigration, labor and 
statistics: § 2268. 

Payment of commissioner's salary: Where 
a salary has been fixed by the legislature 
for the constitutional office of commission- 
er of immigration, labor and statistics, a 

§ 2. Protection and hours of labor. Not more than eight hours ac- 
tual work shall constitute a lawful day's work on all state and municipal 
works, and the legislature shall pass laws to provide for the health and 
safety of employees in factories, smelters, mines and ore reduction works. 

Hist. Amendment No. 8, proposed '01, § 2. Not more than eight hours actual 

p. 311, H. J. R. 2, adopted Nov. 4, 1902, work shall constitute a lawful day's work 

effective Nov. 28, 1902. The section or- on all state and municipal works, 
iginally read: 

[Repealed.] 

the state's prison, shall be done within the 
prison grounds, except where the work 
is done on public works under the direct 
control of the state. 

Cross ref. Express reference to this 
section: Employment of prisoners: § 2323. 



statute directing the payment of salaries 
and authorizing the auditor to draw a war- 
rant therefor, no further appropriation is 
necessary. Reed v. Huston (1913) 24 I. 
26, 132 P. 109, Ann. Cas. 1915A 1237; 
Rich v. Huston (1913) 24 I. 34, 132 P. 112. 



§ 3. Restrictions on convict labor. 

Hist. This section, which was repealed 
by amendment No. 20, proposed '11, p. 
791, H. J. R. 24, adopted Nov. 5, 1912, ef- 
fective Nov. 25, 1912, '13, p. 677, origin- 
ally read: 

§ 3. All labor of convicts confined in 



2753 



Const. XIII, 4 CONSTITUTION OF IDAHO 

§ 4. Child labor in mines prohibited. The employment of children 
under the age of fourteen years in underground mines is prohibited. 

§ 5. Aliens not to be employed on public work. No person, not a 
citizen of the United States, or who has not declared his intention to be- 
come such, shall be employed upon, or in connection with, any state or 
municipal works. 

Cited: McKnight v. Grant (1907) 13 I. 
629, 92 P. 989, 121 A. S. R. 287. 

§ 6. Mechanics' liens to be provided. The legislature shall provide 
by proper legislation for giving to mechanics, laborers, and material men 
an adequate lien on the subject matter of their labor. 

§ 7. Boards of arbitration. The legislature may establish boards of 
arbitration, whose duty it shall be to hear and determine all differences 
and controversies between laborers and their employers which may be 
submitted to them in writing by all the parties. Such boards of arbi- 
tration shall possess all the powers and authority in respect to adminis- 
tering oaths, subpoenaing witnesses, and compelling their attendance, 
preserving order during the sittings of the board, punishing for con- 
tempt, and requiring the production of papers and writings, and all 
other powers and privileges, in their nature applicable, conferred by law 
on justices of the peace. 

§ 8. Duties and compensation of commissioner. The commissioner 
of immigration, labor and statistics shall perform such duties and receive 
such compensation as may be prescribed by law. 

ARTICLE XIV. 
MILITIA. 

Section Section 

1. Persons subject to military duty. 5. National and state flags only to be 

2. Legislature to provide for enrollment of carried. 

militia. 6. Importation of armed forces prohibit- 

3. Selection and commission of officers. ed. 

4. Preservation of records, banners and 
relics. 

§ 1. Persons subject to military duty. All able-bodied male persons, 
residents of this state, between the ages of eighteen and forty-five years 
shall be enrolled in the militia, and perform such military duty as may 
be required by law; but no person having conscientious scruples against 
bearing arms, shall be compelled to perform such duty in time of peace. 
Every person claiming such exemption from service, shall, in lieu there- 
of, pay into the school fund of the county of which he may be a resident, 
an equivalent in money, the amount and manner of payment to be fixed 
by law. 

§ 2. Legislature to provide for enrollment of militia. The legisla- 
ture shall provide by law for the enrollment, equipment and discipline 
of the militia, to conform as nearly as practicable to the regulations for 
the government of the armies of the United States, and pass such laws 
to promote volunteer organizations as may afford them effectual en- 
couragement. 

§ 3. Selection and commission of officers. All militia officers shall 
be commissioned by the governor, the manner of their selection to be 
provided by law, and may hold their commissions for such period of 
time as the legislature may provide. 

Cited: (Erroneously for XV, § 3) in Falls L. & W. Co., 224 U. S. 107, 56 L. ed. 
marginal annotations to Schodde v. Twin 686, 31 S. C. R. 470. 



2754 



WATER RIGHTS 



Const. XV, 2 



§ 4. Preservation of records, banners and relics. All military rec- 
ords, banners and relics of the state, except when in lawful use, shall be 
preserved in the office of the adjutant general as an enduring memorial 
of the patriotism and valor of the soldiers of Idaho ; and it shall be the 
duty of the legislature to provide by law for the safekeeping of the same. 

§ 5. National and state flags only to be carried. All military or- 
ganizations under the laws of this state shall carry no other device, ban- 
ner or flag than that of the United States or the state of Idaho. 

§ 6. Importation of armed forces prohibited. No armed police force 
or detective agency, or armed body of men, shall ever be brought into 
this state for the suppression of domestic violence, except upon the 
application of the legislature, or the executive when the legislature 
can not be convened. 

ARTICLE XV. 
WATER RIGHTS. 



Section 

1. Use of waters a public use. 

2. Right to collect rates a franchise. 

3. Appropriation of water: Priorities. 



Section 

4. Continuing rights to water guaranteed. 

5. Priorities and limitations on use. 

6. Establishment of maximum rates. 



§ 1. Use of waters a public use. The use of all waters now appro- 
priated, or that may hereafter be appropriated for sale, rental or distri- 
bution; also of all water originally appropriated for private use, but 
which after such appropriation has heretofore been, or may hereafter 
be sold, rented, or distributed, is hereby declared to be a public use, 
and subject to the regulation and control of the state in the manner pre- 
scribed by law. 



Cited: Boise Irr. etc. Co. v. Stewart 
(1904) 10 I. 38, 77 P. 25, 321; Hill v. 
Standard M. Co. (1906) 12 I. 223, 85 P. 
907; Boise City I. & L. Co. v. Turner (1905) 
176 F. 373; Bothwell v. Consumers' Co. 
(1907) 13 I. 568, 92 P. 533; Twin Falls v. 
Stubbs (1908) 15 I. 68, 96 P. 195; Hatch 
v. Consumers' Co. (1909) 17 I. 204, 104 P. 
670, 224 U. S. 148, 32 S. C. R. 465; Idaho 
Fruit Land Co. v. Great Western etc Co. 
(1909) 17 I. 273, 105 P. 562; Brose v. Di- 
rectors of Nampa etc. Irr. Dist. (1911) 20 
I. 281, 118 P. 504; Pocatello v. Murray 
(1912) 21 I. 180, 120 P. 812, 226 U. S. 318, 
33 S. C. R. 10 7, 57 L. ed. 239; Walbridge 
v. Robinson (1912) 22 I. 236, 125 P. 812, 
43 L. R. A. (N. S.) 240; Feil v. Coeur d'- 
Alene (1912) 23 I. 32, 129 P. 643, 43 L. R. 
A. (N. S.) 1095; Brose v. Directors of Nam- 
pa etc. Irr. Dist. (1913) 24 I. 116, 132 P. 
799; Childs v. Neitzel (1914) 26 I. 116, 141 
P. 77; Re Murray, 1 P. U. C. I. 30, 42; 
(Con. op.) Nampa etc. dist. v. Petrie 
(1915) 28 I. 227, 153 P. 425; Adams v. 
Twin Falls-Oakley L. & W. Co. (1916) 29 
I. 357, 161 P. 322; Sandpoint W. etc. Co. 
v. Sandpoint, 31 I. 498, 173 P. 972. 

Constitutional right to use water: The 

individuals comprising the public, who are 
in condition to use water, have a constitu- 
tional right to use water under such reas- 
onable rules and regulations, and upon 
such payments, as may be prescribed. Wil- 
terding v. Green (1896) 4 I. 773, 45 P. 134. 



If one appropriates water for a bene- 
ficial use and then sells, rents or distrib- 
utes it to others who apply it to such bene- 
ficial use, he has a valuable right which 
is entitled to protection as a property right. 
Murray v. P. U. C. (1915) 27 I. 603, 619, 
150 P. 47, P. U. R. 1915F 436, 441. 

Current not subject to appropriation: An 

appropriator does not acquire as an ap- 
putenant to his water location the right 
to the current of a stream as a means of 
operating devices used to divert the water, 
nor is such current subject to appropria- 
tion as a water right. Schodde v. Twin 
Falls L. & W. Co. (1908) 161 F. 43, 88 C. 
C. A. 207; (See 224 U. S. 107, 56 D. ed. 686, 
32 S. C. R. 470.) 

Trespass not authorized: The constitu- 
tion and laws specifically recognize the 
right to divert and appropriate the unap- 
propriated waters of any natural stream 
to beneficial uses, and that such right shall 
never be denied. Still such provisions of 
the constitution and statute do not author- 
ize a person to go upon private property 
of another for the purpose of making an 
appropriation. Marshall v. Niagara Springs 
O. Co. (1912) 22 I. 144, 125 P. 208. 

State regulation: The right to regulate 
and control the manner and means of ap- 
propriating the unappropriated waters of 
the state is reserved to the state. Speer 
v. Stephenson (1909) 16 I. 707, 102 P. 365. 



§ 2. Right to collect rates a franchise. The right to collect rates or 
compensation for the use of water supplied to any county, city, or town, 
or water district, or the inhabitants thereof, is a franchise, and can not 



2755 



Const. XV, 3 



CONSTITUTION OF IDAHO 



be exercised except by authority of and in the manner prescribed by 
law. 



i ftted: Wilterding v. Green (1896) 4 I. 
773, 45 P. 134; Idaho Fruit etc. Co. v. 
Great Western etc. Co. (1909) 17 I. 273, 
105 P. 562; Pocatello v. Murray (1912) 
21 I. 180, 120 P. 812, 226 U. S. 318, 33 S. 
C. R. 107, 57 L. ed. 239; Feil v. Coeur 
d'Alene (1912) 23 I. 32, 129 P. 643, 43 L. 
R. A. (N. S.) 1095; Childs v. Neitzel (1914) 
26 I. 116, 141 P. 77; Murray v. P. U. C. 
(1015) 27 I. 603, 150 P. 47; Boise City I. 
& L. Co. v. Turner (1905) 176 F. 373; Mur- 
ray v. Pocatello (1912) 226 U. S. 318, 57 
L. ed. 239, 33 S. C. R. 107, affirming 21 I. 
180, 120 P. 812; Sandpoint W. etc. Co. v. 
Sandpoint, 31 I. 498, 173 P. 972. 

Nature of right: A municipal grant of 
the right to occupy the city streets with 
the pipes of a water distributing system 
is, when accepted by the grantee, not a 
mere revocable license, but is a substantial 
property right. Boise Artesian H. & C. 
Water Co. v. Boise (1913) 230 U. S. 84, 
57 L. ed. 1400, -33 S. C. R. 997, reversing 
123 F. 232, 59 C. C. A. 236. 



Requirement of free water: This sec- 
tion simply defines the right to collect rates 
for a water supply as a franchise, and does 
not prohibit the legislature from passing a 
law compelling a water company to fur- 
nish a city with free water for fire pur- 
poses. Boise v. Artes. H. & C. W. Co. 
(1895) 4 I. 351, 39 P. 562. 

Duty to supply water to public: Thei 
company in the enjoyment of its franchise 
privileges is placed by the constitution 
under the public duty to supply water to 
all living within the franchise limits on 
payment of the rental rates. It cannot be 
allowed in addition to these rates to re- 
quire a citizen to pay for a part of its 
system before supplying him with water. 
Bothwell v. Consumers' Co. (1907) 13 I. 
568, 92 P. 533, 24 L. R. A. (N. S.) 485. 

Public service corporations must serve 
all persons without distinction or discrim- 
ination, who pay and comply with reason- 
able rules. Hatch v. Consumers' Co. (1909) 
17 I. 204, 104 P. 670, 40 L. R. A. (N. S.) 
263. 32 S. C. R. 465, 224 U. S. 148. 



§ 3. Appropriation of water: Priorities. The right to divert and 
appropriate the unappropriated waters of any natural stream to bene- 
ficial uses, shall never be denied. Priority of appropriation shall give 
the better right as between those using the water; but when the waters 
of any natural stream are not sufficient for the service of all those de- 
siring the use of the same, those using the water for domestic purposes 
shall (subject to such limitations as may be prescribed by law) have 
the preference over those claiming for any other purpose ; and those 
using the water for agricultural purposes shall have preference over 
those using the same for manufacturing purposes. And in any organized 
mining district those using the water for mining purposes or milling 
purposes connected with mining, shall have preference over those using 
the same for manufacturing or agricultural purposes. But the usage by 
such subsequent appropriators shall be subject to such provisions of 
law regulating the taking of private property for public and private 
use, as referred to in section 14 of article I of this constitution. 



Cited: Hard v. Boise City Irr. etc. Co. 
(1904) 9 I. 589, 76 P. 331; Farmers' etc. 
Ditch Co. v. Nampa-Meridian Irr. Dist. 
(1908) 14 I. 450, 94 P. 761; Brose v. Di- 
rectors of Nampa etc. Irr. Dist. (1911) 20 
I. 281, 118 P. 504; Lee v. Hanford (1912) 
21 I. 32 7, 121 P. 558; Marshall v, Niagara 
Springs O. Co. (1912) 22 I. 144, 125 P. 
208; Brose v. Directors Nampa etc. Irr. 
Dist. (1913) 24 I. 116, 132 P. 799; Mur- 
ray v. P. U. C. (1915) 27 I. 603, 150 P. 47. 

Preferential rights to water: The fram- 
ers of the constitution, in adopting this 
section, realized that in some sections of 
the state agriculture would predominate, 
and that the use of water for such pur- 
poses should have a preference right in 
such sections, while in other sections min- 
ing would be the principal industry and 
would be entitled to a preference right. 
Hill v. Standard M. Co. (1906) 12 I. 223, 
85 P. 907. 

It was the intention of the framers of 
the constitution, by the provisions of this 
section, to provide that waters previously 



appropriated for manufacturing purposes 
may be taken and appropriated for do- 
mestic use, upon due and fair compensa- 
tion therefor; but not to provide that water 
appropriated for manufacturing purposes 
could thereafter arbitrarily and without 
compensation be appropriated for domes- 
tic purposes. Montpelier M. Co. v. Mont- 
pelier (1911) 19 I. 212, 113 P. 741. 

State authorities can not set aside pro- 
visions of constitution by holding that state 
may reserve water for all state lands for 
an indefinite time. In the case of a Carey 
act project where there is not enough 
water for the reclamation of the entire 
tract, state ought not to take water from 
settlers who had purchased same and ap- 
ply it to a later sale of school land. S. v. 
Twin Palls etc. Co. (1916) 30 I. 41, 166 
P. 220. 

Under this section those using water for 
domestic purposes have a preference over 
those claiming water for any other use. 
But in case the water has already been 
appropriated for another inferior use, the 



2756 



WATER RIGHTS 



Const. XV, 4 



use for a superior purpose is subject to the 
provision of law regulating the taking of 
private property for public use. Basinger 
v. Taylor (1917) 30 I. 289, 164 P. 522. 

Riparian rights: A riparian proprietor 
in the state of Idaho has no right in or 
claim to the waters of a stream flowing 
by or through his lands that he can suc- 
cessfully assert as being prior or superior 
to the rights and claims of one who has 
appropriated or diverted the water of the 
stream and is applying it to a beneficial 
use. To this extent, therefore, the common 
law doctrine of riparian rights is in con- 
flict with the constitution and statutes of 
this state and has been abrogated thereby. 
Hutchinson v. Watson Slough Ditch Co. 
(1909) 16 I. 484, 491, 101 P. 1059, 133 A. 
S. R. 125. 

But a riparian owner still retains such 
right to have the waters flow in the na- 
tural stream through or by his premises 
which he may protect in the courts as 
against persons interfering with the na- 
tural flow or who attempt to divert or cut 
off the same wrongfully and arbitrarily and 
without doing so under any right of loca- 
tion, appropriation, diversion or use, and 
who do not rest their right to do so upon 
any right of use or appropriation. lb. 

The current of a river can not be ap- 
propriated by a riparian proprietor to the 
extent necessary to operate a water wheel 
used to divert water beneficially applied, 
so as to give him a right of action for the 
destruction of the current by subsequent 
appropriators, when exercising their right 
under this section to apply the unused 
water to beneficial uses, even assuming the 
coexistence of a system of riparian rights 
and the doctrine of appropriation. Schod- 
de v. Twin Falls L. & W. Co. (1912) 224 
U. S. 107, 56 L. ed. 686, 31 S. C. R. 470, 
affirming 161 F. 43, 88 C. C. A. 207. 

Legislative control defined: While the 
legislature is given power to regulate the 
manner and method of appropriating and 
applying to a beneficial use the public 
waters of the state, they must do so in 
such manner that the right to divert and 

§ 4. Continuing rights to water guaranteed. Whenever any waters 
have been, or shall be, appropriated or used for agricultural purposes, 
under a sale, rental, or distribution thereof, such sale, rental or distri- 
bution shall be deemed an exclusive dedication to such use ; and when- 
ever such waters so dedicated shall have once been sold, rented or dis- 
tributed to any person who has settled upon or improved land for agri- 
cultural purposes with the view of receiving the benefit of such water 
under such dedication, such person, his heirs, executors, administrators, 
successors, or assigns, shall not thereafter, without his consent, be de- 
prived of the annual use of the same, when needed for domestic pur- 
poses, or to irrigate the land so settled upon or improved, upon payment 
therefor, and compliance with such equitable terms and conditions as 
to the quantity used and times of use, as may be prescribed by law. 

Cited: Wilterding v. Green (1896) 4 I. Idaho Fruit etc. Co. v. Great Western etc. 



appropriate will not be denied. Speer v. 
Stephenson (1909) 16 I. 707, 102 P. 365. 

Constitutional and statutory appropria- 
tors distinguished: A person desiring to 
appropriate the waters of a stream may 
do so either by actually diverting the 
water and applying it to a, beneficial use, 
or he may pursue the statutory method by 
posting and recording his notice and com- 
mencing and prosecuting his work within 
the statutory time. Nielson v. Parker 
(1911) 19 I. 727, 115 P. 488. 

By actually diverting and applying 
water to a beneficial use, a legal appro- 
priation is made, notwithstanding that ap- 
plication was not made to the state engi- 
neer to prosecute such appropriation. 
Purey v. Taylor (1912) 22 I. 605, 127 P. 
676. 

Pollution of streams: This section does 
not authorize or permit parties engaged 
in mining or other occupations to fill up 
the natural channel of any of the streams 
of the state, or to pollute the same with 
debris and poisonous substances to the in- 
jury of any other user of the waters of 
the streams. Hill v. Standard M. Co. (1906) 
12 I. 223, 85 P. 907. 

Private waters: The constitutional right 
to "divert and appropriate the unappro- 
priated waters of any natural stream for 
beneficial uses," does not extend to private 
waters, such as private ponds, artificial 
lakes or wells owned by private persons 
and formed by collecting and impounding 
surface water. The fact that he may not 
use it for irrigation or any other commer- 
cial purpose does not render it any less 
his property or authorize any one else to 
invade his property or appropriate and 
divert the same. King v. Chamberlin 
(1911) 20 I. 504, 118 P. 1099. 

Priorities in low water: Under the doc- 
trine of priority here promulgated a sub- 
sequent appropriator is not entitled to a 
part of the flow of a prior user in low 
water season. Cottonwood etc. Co. v. St. 
Michael's Monastery (1916) 29 I. 761, 162 
P. 242. 



773, 45 P. 134; (On rehearing) Hailey v. 
Riley (1908) 14 I. 499, 95 P. 692; (Er- 
roneously as Art. V) Josslyn v. Daly 
(1908) 15 I. 137, 96 P. 568; (On rehearing) 
Gerber v. Nampa Irr. Dist. (1909) 16 I. 
1, 24, 100 P. 84; Knowles v. New Sweden 
Irr. Dist. (1909) 16 I. 217, 101 P. 81; 



Co. (1909) 17 I. 273, 105 P. 562; (In 
brief of counsel; erroneously cited Art. 
XVI) Jackson v. Indian Creek etc. Co. 
(1910) 18 I. 513; Gerber v. Nampa etc. Irr. 
Dist. (1911) 19 I. 765, 116 P. 104; Rus- 
sell v. Irish (1911) 20 I. 194, 118 P. 501; 
Hewitt v. Great Western etc. Co. (1911) 



2757 



Const. XV, 5 



CONSTITUTION OF IDAHO 



20 I. 235, us P. 296; Paddock v. Clark 
(1912) 22 I. 498, 126 P. 1053; Nampa 
etc. Err. Dist v. Briggs (1915) 27 I. 84, 
98, 147 P. 75; Bennott v. Twin Falls etc. 
Co. (1915) 27 I. 643, 150 P. 336; Ireton 
v. Idaho Irr. Co. (1917) 30 I. 310, 164 
P. 687. 

Construed: This section must be read 
and construed with XV, 5. It deals chiefly 
witli tie ditch or canal owner while § 5 
deals chiefly with the subject of priorities 
as between water users and consumers 
who have settled under these ditches and 
canals and who expect to receive water 
under a "sale, rental, or distribution there- 
of." Mellen v. Great Western etc. Co. 
(1912) 21 I. 353, 122 P. 30, Ann. Cas. 
1913D 621. 

Payment of compensation: While this 
section secures to every one who has 
rented water the right to rent the same 
from year to year, yet his right to water 
for any given year depends upon his com- 
pliance with statutory enactments regulat- 
ing the payment of compensation or ten- 
der of security therefor, and no action to 
confirm his right to such water accrues 
in his favor until he has paid, or tendered 
security for, such compensation. Bardsley 
v. Boise Irr. etc. Co. (1901) 8 I. 155, 67 
P. 428. 

Dedication of water by use: Where 
water has been delivered to lands under a 
rental and distribution, and has been used 
and applied by the land owner under such 
rental for the purposes of raising crops, 
the right to such use becomes a dedication 
within the meaning of this section and the 
user and consumer is entitled to the con- 
tinued use thereafter on payment of the 
rental rates established in conformity with 
law. Niday v. Barker (1909) 16 I. 73, 
101 P. 254. 

If the waters received and used applied 
by a subsequent settler and claimant are 

§ 5. Priorities and limitations on use. Whenever more than one per- 
son has settled upon, or improved land with the view of receiving water 
for agricultural purposes, under a sale, rental, or distribution thereof, 
as in the last preceding section of this article provided, as among such 
persons priority in time shall give superiority of right to the use of such 
water in the numerical order of such settlements or improvements ; but 
whenever the supply of such water shall not be sufficient to meet the 
demands of all those desiring to use the same, such priority of right 
shall be subject to such reasonable limitations as to the quantity of 
water used and times of use as the legislature, having due regard both to 
such priority of right and the necessities of those subsequent in time of 
settlement or improvement, may by law prescribe. 



a part of the waters included within the 
appropriation of prior claimants, and are 
merely waters they are not, for the time, 
using or elaiming, then the dedication and 
right to the subsequent use thereof only 
goes to such waters, and merely consti- 
tutes a claim for the use of such waters 
as are not needed or applied by prior con- 
sumer ai any given time. lb. 

The fact that a canal company has fur- 
nished and delivered water to a consumer 
for the purpose of raising crops so as to 
amount to a dedication of the use raises 
the prima facie presumption that the com- 
pany had that quantity of water over and 
above the amount required and previously 
appropriated and dedicated to other users 
and consumers from the same canal. lb. 

Deliveries limited by capacity: A canal 
company can not be compelled by mandate 
to make regular deliveries of water beyond 
the capacity of the canal. The canal com- 
pany must respect the rights of prior 
users of water, and one desiring to use 
water can not compel a canal company to 
sell w r ater beyond the capacity of its canal. 
Gerber v. Nampa etc. Irr. Dist. (1909) 16 
I. 1, 100 P. 80. 

Change of use: This section does not 
require water to be used on the land where 
it is first taken, nor prohibit the change 
of the place of use, nor deny to the user 
a property right in the water which he 
takes from a canal. (Sullivan, C. J., dis- 
sents.) Hard v. Boise City Irr. etc. Co. 
(1904) 9 I. 589, 76 P. 331. 

Change of ownership: A mortgage upon 
the property of an irrigation canal com- 
pany might be foreclosed, and the water 
furnished would still be appurtenant, to the 
lands to which it had once been applied, 
upon payment of the charges. Hobbs v. 
Twin Falls Canal Co. (1913) 24 I. 380, 133 
P. 899. 



Cited: Wilterding v. Green (1896) 4 I. 
773, 45 P. 134; Hard v. Boise City Irr. etc. 
Co. (1904) 9 I. 589, 76 P. 331; Gerber v. 
Nampa etc. Irr. Dist. (1909) 16 I. 1, 24, 
100 P. 80; Gerber v. Nampa etc. Irr. Dist. 
(1911) 19 I. 765, 116 P. 104; Brose v. 
Directors Nampa etc. Irr. Dist. (1913) 24 
I. 116, 132 P. 799; Bennett v. Twin Falls 
etc. Co. (1915) 27 I. 643, 150 P. 336. 

Priority: One who actually settles upon 



or improves land lying under a canal or 
irrigation ditch with a view to receiving 
water therefrom for agricultural purposes, 
is entitled to a priority over one who has 
previously purchased a water right from 
such canal company but who has failed to 
either settle upon or improve the land as 
required by the provisions of this section. 
Mellen v. Great Western etc. Co. (1912) 
21 I. 353, 122 P. 30, Ann. Cas. 1913D 621. 



§ 6. Establishment of maximum rates. The legislature shall pro- 
vide by law the manner in which reasonable maximum rates may be es- 



2758 



STATE BOUNDARIES 



Const. XVII, 1 



tablished to be charged for the use of water sold, rented or distributed 
for any useful or beneficial purpose. 



Cited: Wilterding v. Green (1896) 4 I. 
773, 45 P. 134; Boise City I. & L. Co. v. 
Turner (1905) 176 F. 373; Feil v. Coeur 
d'Alene (1912) 23 I. 32, 129 P. 643, 43 L. 
R. A. (N. S.) 1095; Nampa etc. Irr. Dist. 
v. Briggs (1915) 27 I. 84, 101, 121, 147 P. 
75. 

Requirement of free water: The pro- 
vision of R. S. § 27il, requiring water 
companies to furnish cities with free water 
for fire purposes, is not repugnant to this 
section. Boise v. Artes. H. & C. W. Co. 
(1895) 4 I. 351, 39 P. 562. 

Fixing rates: This section authorizes 
the legislature to provide the manner in 
which water rates may be established, and 
by necessary implication prohibits the leg- 
islature from fixing such rates as they at- 
tempted to do by '97, p. 52. Wilson v. 
Perrault (1898) 6 I. 178, 54 P. 617. 

This section imposes on the legislature 
the duty of providing the method or means 
by which compensation for supplying 
water to any city or town is to be fixed, 
and until the legislature provides such a 
method, the contract rates for such supply 
will be enforced. Jack v. Grangeville 
(1903) 9 I. 291, 74 P. 969. 

Until such rates are fixed in pursuance 
of law, the corporation furnishing the 
water, and the consumer receiving it, are 
left free to make such contracts as they 
may see fit to make, and their agreements 
will be sustained in the courts. Jackson 
v. Indian Creek etc. Irr. Co. (1909) 16 I. 
430, 101 P. 814. 

After the adoption of*Const. XV, 1, 2 
and 6, it was in excess of and beyond the 
power of any city, town or village within 
this state, by ordinance, contract, or other- 
wise, to bind itself or the inhabitants 



thereof to pay fixed rates or charges for 
water sold, rented or distributed for any 
longer or greater period of time than that 
intervening between the time of the pass- 
age of such ordinance and making of such 
contract and the subsequent fixing of rates 
under the enactment by the legislature of 
a statute prescribing the manner and 
method in which reasonable maximum 
rates might be established. Pocatello v. 
Murray (1912) 21 I. 180, 120 P. 812; aff. 
226 U. S. 318, 33 S. C. R. 107, 57 L. ed. 
239. • 

Ordinance No. 86 of the city of Pocatel- 
lo, adopted on June 1, 1901, which pre- 
scribed a schedule of rates which the Poca- 
tello Water Co. might charge for supply- 
ing water to the inhabitants of the city 
of Pocatello for a fixed period of time and 
which also provided the method and man- 
ner of thereafter appointing a commission 
to establish rates at the expiration of such 
period, must be read and construed in the 
light of the provisions of Const. XV, 1, 2 
and 6, and was subject to the operation 
of the constitution and the power of the 
legislature to prescribe the {manner in 
which reasonable maximum rates might 
thereafter be established to be charged for 
the use of water sold, rented or distrib- 
uted for any useful or beneficial purpose, 
lb. 

Reasonable rates guaranteed: This sec- 
tion guarantees to everyone engaged in 
supplying water under a sale or rental 
that the rates to be established shall al- 
ways be "reasonable maximum rates," and 
that as a consequence thereof the property 
of one so engaged shall not be taken with- 
out due process of law. Pocatello v. Mur- 
ray (1912) 21 I. 180, 120 P. 812, 226 U. 
S. 318, 33 S. C. R. 107, 57 L. ed. 239. 



ARTICLE XVI. 

LTVE STOCK. 

Section 

1. Laws to protect live stock. 

§ 1. Laws to protect live stock. The legislature shall pass all neces- 
sary laws to provide for the protection of live stock against the intro- 
duction or spread of pleuro-pneumonia, glanders, splenetic or Texas 
fever, and other infectious or contagious diseases. The legislature may 
also establish a system of quarantine or inspection, and such other reg- 
ulations as may be necessary for the protection of stock owners and 
most conducive to the stock interests within this state. 



Cited: Noble v. Bragaw (1906) 
265, 85 P. 903. 



12 I. 



ARTICLE XVII. 

STATE BOUNDARIES. 

Section 

1. Name and boundaries of state. 

§ 1. Name and boundaries of state. The name of this state is Idaho, 
and its boundaries are as follows: Beginning at a point in the middle 
channel of the Snake river where the northern boundary of Oregon in- 
tersects the same ; then follow down the channel of the Snake river to 
a point opposite the mouth of the Kooskooskia or Clearwater river; 
thence due north to the forty-ninth parallel of latitude ; thence east 

2759 



Vol. Ill— 6 



Const. XVIII, 1 



CONSTITUTION OF IDAHO 



along that parallel to the thirty-ninth degree of longitude west of 
Washington; thence south along that degree of longitude to the crest 
of the Bitter Root mountains; thence southward along the crest of the 
Bitter Root mountains till its intersection with the Rocky mountains; 
thence southward along the crest of the Rocky mountains to the thirty- 
fourth degree of longitude west of Washington; thence south along that 
degree of longitude to the forty-second degree of north latitude ; thence 
west along that parallel to the eastern boundary of the state of Oregon; 
thence north along that boundary to the place of beginning. 



Cross ref. For a brief history of the 
changes in the boundaries of the state, see 



headnote to the organic act of the ter- 
ritory, p. 2 628. 



ARTICLE XVIIT. 
COUNTY ORGANIZATION. 



Section 

1. Existing counties recognized. 

2. Removal of county seats. 

3. Division of counties. 

4. New counties: Size and valuation. 

5. System of county government. 

6. County officers. 



Section 

7. Same: Salaries. 

8. Same: How paid. 

9. Same: Liability for fees. 

10. Board of county commissioners. 

11. Duties of officers. 



§ 1. Existing counties recognized. The several counties of the ter- 
ritory of Idaho as they now exist, are hereby recognized as legal sub- 
divisions of this state. 



Cited: P. ex. rel Lincoln Co. v. George 
(1891) 3 I. 72, 26 P. 983; P. v. Alturas Co. 
(1899) 6 I. 418, 55 P. 1067; Roach v. 
Gooding (1905) 11 I. 244, 81 P. 642; Pro- 
thero v. Comrs. of Twin Falls Co. (1912) 
22 I. 598, 127 P. 175. 

Abolition of counties: The legislature 
can not abolish an existing county. (Con. 
op. Sullivan, C. J. dissents.) P. v. George 
(1891) 3 I. 72, 26 P. 983. The legislature 
can not abolish an existing county and 
create two new counties from the terri- 



tory formerly embraced within the old 
county with different county seats and new 
sets of officers. (Stockslager, C. J., dis- 
sents.) McDonald v. Doust (1905) 11 I. 
14, 81 P. 60. 

Effect of highway district organization : 

The political subdivision of the state rec- 
ognized by our constitution as a county is 
none the less a county because of the or- 
ganization of a highway district therein. 
Reinhart v. Canvon Co. (1912) 22 I. 348, 
125 P. 791. 



§ 2. Removal of county seats. No county seat shall be removed un- 
less upon petition of a majority of the qualified electors of the county, 
and unless two-thirds of the qualified electors of the county, voting on 
the proposition at a general election, shall vote in favor of such removal. 
A proposition of removal of the county seat shall not be submitted in 
the same county more than once in six years, except as provided by 
existing laws. No person shall vote at any county seat election who has 
not resided in the county six months, and in the precinct ninety days. 



Cited: (Con. op.) P. v. George (1891) 
3 I. 72, 26 P. 983; (Con. op.) Green v. S. 
Bd. of Canvassers (1896) 5 I. 130, 47 P. 
259; McDonald v. Doust (1905) 11 I. 14, 81 
P. 60; Lippincott v. Carpenter (1912) 22 
I. 675, 127 P. 557. 

Application: The limitations imposed 
by this section on the removal of a coun- 
ty seat, apply only to the removal of a 
county seat which has been permanently 
fixed, and do not prohibit the legislature 
from temporarily locating the seat of a 
new county, and further providing, in the 
act creating the county, for an election on 
tin- question of permanent location of the 
county seat. Doan v. Board of Comrs. 
(1X!»1 ) 3 I. 38, 26 P. 167. 

This section docs not apply to the lo- 



cation of a permanent county seat upon 
the organization of a new county, but does 
apply to the removal of a county seat. 
Leach v. Nez Perce (1913) 24 I. 322, 133 
P. 926 

•Signers of petition: The framers of the 
constitution did not intend to prescribe a 
rule by which a majority of the qualified 
electors, contemplated by this section as 
signers of a petition for the removal of a 
county seat, should be ascertained, but 
left that rule to be established by the leg- 
islature, as was done in '99. p. 41, § 6, pro- 
viding for county seat elections, and by 
which the qualified electors who sign the 
petition need not be registered voters. 
(Quarles, J. dissents.) Wilson v. Bartlett 
(1900) 7 I. 271, 62 P. 416. 



§ 3. Division of counties. No county shall be divided unless a major- 
ity of the qualified electors of the territory proposed to be cut off, vot- 



2760 



COUNTY ORGANIZATION 



Const. XVIII, 6 



ing on the proposition at a general election, shall vote in favor of such 
division: Provided, That this section shall not apply to the creation of 
new counties. No person shall vote at such election who has not been 
ninety days a resident of the territory proposed to be annexed. When 
any part of a county is stricken off and attached to another county, the 
part stricken off shall be held to pay its ratable proportion of all then 
existing liabilities of the county from which it is taken. 



Cross ref. Express reference to this sec- 
tion: § 502. 

Cited: Sabin v. Curtis (1893) 3 I. 662, 
32 P. 1130; McDonald v. Doust (1905) 11 
I. 14, 81 P. 60; Blake v. Jacks (1910) 18 
I. 70, 108 P. 534, 138 A. S. R. 177, 27 L. 
R. A. (N. S.) 1147; Leach v. Nez Perce 
(1913) 24 I. 322, 133 P. 926; (Erroneously 
for VIII, 3, in svllabus) Ind. H. Dist. No. 
2 v. Ada Co. (1913) 24 I. 416, 134 P. 542. 

Division of territory: This section pro- 
hibits cutting- off territory from one coun- 
ty and annexing- it to another without sub- 
mitting the proposition to popular vote, 
under the guise of an act purporting to 
create two new counties from the terri- 
tory previously belonging to two existing 
counties, and so changing the boundary 
line between them as to give one of the 
counties a strip of territory which previ- 
ously belonged to the other. The act of 
March 3, 1891, purporting to create and 
organize the counties of Alta and Lincoln 
was held on this ground to be unconstitu- 



tional. (Sullivan, C. J., dissents.) P. ex 
rel. Lincoln Co. v. George (1891) 3 I. 72, 
26 P. 983. 

Creation of new counties: This section 
and the following one expressly authorize 
the creation of new counties, and in the 
creation of such a county, the legislature 
may make any provision necessary to the 
complete organization of that county not 
specifically prohibited by the constitution, 
and may provide for the apportionment of 
the debt of the original county and for 
transcribing the records. Bannock Co. v. 
Bunting (1894) 4 I. 156, 37 P. 277. 

Liability of detached territory: This 
section continues the liability of territory, 
detached from one county and annexed to 
another, for its ratable proportion of the 
debts of the mother county, and prohibits 
the legislature from imposing such indebt- 
edness on the county to which the detached 
territory is annexed. (Sullivan, J., dis- 
sents.) Shoshone Co. v. Profntt (1906) 11 
I. 763, 84 P. 712. 



§ 4. New counties: Size and valuation. No new counties shall be 
established which shall reduce any county to an area of less than four 
hundred square miles nor the valuation of its taxable property to less 
than one million dollars. Nor shall any new county be formed which 
shall have an area of less than four hundred square miles and taxable 
property of less than one million dollars, as shown by the last previous 
assessment. 



Hist. Amendment No. 5, proposed '97, 
p. 183, H. J. R. 8, adopted Nov. 8, 1898. 
The section originally read: 

§ 4. No new county shall be established 
which shall reduce any county to an area 
of less than four hundred square miles, nor 
shall a new county be formed containing 
an area of less than four hundred square 
miles. 

Cited: (Con. op.) P. v. George (1891) 
3 I. 72, 26 P. 983; Sabin v. Curtis (1893) 
3 I. 662, 32 P. 1130; Bannock Co. v. Bunt- 
ing (1894) 4 I. 156, 37 P. 277. 

Constitutionality of amendment: Quaere 
suggested as to the constitutionality 



of the amendment of 1898. Holmberg v. 
Jones (1901) 7 I. 752, 65 P. 563. 

Creation of a new county: A county can 
not be created by implication and intend- 
ment merely, and an act apparently passed 
for the purpose of creating a county, is 
invalid for that purpose when it fails to 
declare in express language the creation 
of such proposed county. Holmberg v. 
Jones (1901) 7 I. 752, 65 P. 563. 

The authority granted by this section to 
create new counties does not authorize 
the reorganization of an old county under 
a new name. McDonald v. Doust (1905) 
11 I. 14, 81 P. 60. 



§ 5. System of county government. The legislature shall establish, 
subject to the provisions of this article, a system of county governments 
which shall be uniform throughout the state ; and by general laws shall 
provide for township or precinct organization. 



Cited: McDonald v. Doust (1905) 11 I. 
14, 81 P. 60; Jones v. Power Co. (1915) 27 
I. 656, 150 P. 35; Prichard v. McBride 



(1916) 28 I. 346, 154 P. 624; Givens v. 
Carlson (1916) 29 I. 133, 157 P. 1120. 



§ 6. " County officers. The legislature by general and uniform laws 
shall provide for the election biennially in each of the several counties 
of the state, of county commissioners, a sheriff, a county treasurer, who 
is ex officio public administrator and also ex officio tax collector, a 
probate judge, a county superintendent of public instruction, a county 



2761 



Const. XVIII, 6 



CONSTITUTION OF IDAHO 



assessor, a coroner and surveyor. The clerk of the district court shall 
be ex officio auditor and recorder. No other county offices shall be es- 
tablished, but the legislature by general and uniform laws shall provide 
for the election of such township, precinct and municipal officers as 
public convenience may require, and shall prescribe their duties, and fix 
their terms of office. The legislature shall provide for the strict accoun- 
tability of county, township, precinct and municipal officers for all fees 
which may be collected by them, and for all public and municipal mon- 
eys, which may be paid to them, or officially come into their possession. 
The county commissioners may employ counsel when necessary. The 
sheriff, county assessor, county treasurer and ex officio tax collector, 
auditor and recorder and clerk of the district court, shall be empowered 
by the county commissioners to appoint such deputies and clerical as- 
sistance as the business of their office may require ; said deputies and 
clerical assistants to receive such compensation as may be fixed by the 
county commissioners. The salary and qualifications of the county 
superintendent shall be fixed by law. 



Hist.. Amendment No. 22, proposed '12, 
p. 53, S. J. R. 1, adopted Nov. 5, 1912, ef- 
fective Nov. 25, 1912, '13, p. 677. 

The section originally read: 

§ 6. The legislature, by general and 
uniform laws, shall provide for the elec- 
tion biennially, in each of the several coun- 
ties of the state, of county commissioners, 
a sheriff, county treasurer, who is ex-of- 
ficio public administrator, probate judge, 
who is ex-officio county superintendent of 
public instruction, county assessor, who is 
ex officio tax collector, a coroner, and a 
surveyor. The clerk of the district court 
shall be ex-officio auditor and recorder. 
No other county offices shall be established, 
but the legislature by general and uniform 
laws, shall provide for the election of such 
township, precinct and municipal officers 
as public convenience may require, and 
shall prescribe their duties and fix their 
terms of office. The legislature shall pro- 
vide for the strict accountability of coun- 
ty, township, precinct and municipal of- 
ficers for all fees which may be collected 
by them, and for all public and municipal 
moneys which may be paid to them, or 
officially come into their possession. The 
county commissioners may employ counsel 
when necessary. The sheriff, auditor and 
recorder, and clerk of the district court, 
shall be empowered by the county commis- 
sioners to appoint such deputies and cler- 
ical assistance as the business of their of- 
fices may require; said deputies and cler- 
ical assistance to receive such compensa- 
tion as may be fixed by the county commis- 
sioners. No sheriff or county assessor 
shall be qualified to hold the term of of- 
fice immediately succeeding the term for 
which he was elected. 

Subsequent amendments are: Am. No. 
1, proposed '93, p. 224, H. J. R. substitute 
for 3 and 4, adopted Nov. 6, 1894, effec- 
tive Dec. 1, 1894, creating the separate 
office of county superintendent formerly 
held by the probate judge ex officio and 
adding the last sentence of the present 
section; Am. No. 4, proposed '95, p. 237, 
H. J. R. 10, adopted Nov. 3, 1896, effective 
Nov. 27, 1896, to the same effect; Am. No. 
10, '07, p. 585, H. J. R. 10, adopted Nov. 
3, 1908, effective Nov. 25, 1908, '13, p. 



6 6 7, providing for deputies for the assessor 
and tax collector; Am. No. 11, proposed 
'09, p. 439, S. J. R. 6, adopted Nov. 8, 1910, 
effective Nov. 28, 1910, '13, p. 671, to the 
same effect and also striking out the in- 
hibition against sheriffs and assessors suc- 
ceeding themselves; Am. No. 22, above 
transferring the duties of tax collector 
from the assessor to the treasurer. 

Proposed amendment: An amendment 
to this section, proposed '07, p. 592, H. J. 
R. 3, and voted upon Nov. 3, 1908, '13, 
p. 668, by which the office of probate 
judge was to be abolished, was declared to 
be no part of the constitution on account 
of non-compliance with the requirements 
for amending. McBride v. Brady (1909) 
15 I. 761, 100 P. 97. 

Cited: Hillard v. Shoshone Co. (1891) 
3 I. 103, 27 P. 678; Cunningham v. George 

(1892) 3 I. 456, 31 P. 809; Sabin v. Curtis 

(1893) 3 I. 662, 32 P. 1130; Campbell v. 
Comrs. Logan Co. (1894) 4 I. 181, 37 P. 
329; Ada Co. v. Gess (1895) 4 I. 611, 43 
P. 71; State ex rel. Griffith v. Vineyard 

(1903) 9 I. 134, 72 P. 824; Re Sly (1904) 
9 I. 779, 76 P. 766; Feltham v. Bd. Comrs. 

(1904) 10 I. 182, 77 P. 332; Re Rice (1906) 
12 I. 305, 85 P. 1109; McBee v. Brady 
(1909) 15 I. 761, 100 P. 97; Lansdon v. 
Washington Co. (1909) 16 I. 618, 102 P. 
344; Bradiield v. Avery (1909) 16 I. 769, 
102 P. 687, 23 L. R. A. (N. S.) 1228; Fen- 
ton v. Comrs. of Ada Co. (1911) 20 I. 392, 
119 P. 41; Re Gemmill (1911) 20 I. 732, 119 
P. 298, 41 L. R. A. (N. S.) 711, Ann. Cas. 
1913A 76; (In brief of counsel) Barton v. 
Alexander (1915) 27 I. 286, 287; P. v. 
Kadletz (1917) 30 I. 698, 167 P. 1161; U. 
S. v. Anderson (1909) 169 F. 203; Union 
Pac. R. Co. v. Belek (Neb., 1913) 211 F. 
6 99, 707; Dexter Horton T. & Sav. Bk. v. 
Clearwater Co. (1918) 2 48 F. 401. 

Effect of amendment: A constitutional 
amendment separating two offices thereto- 
fore combined which provides that "the 
legislature by general and uniform laws" 
shall provide for the "election biennially of 
such officers, is not self-executing, and does 
not go into full operation until such laws 
have been enacted, and a general biennial 
election has been held thereunder. Blake 
v. Bd. Comrs. (1897) 5 I. 163, 47 P. 734. 



2762 



COUNTY ORGANIZATION 



Const. XVIII, 7 



This amendment (No. 10) was regularly- 
submitted and adopted by the electors of 
the state in accordance with the provisions 
of the constitution, such amendment there- 
bv becomes a part of the constitution of 
this state. Utter v. Moseley (1909) 16 I. 
274, 100 P. 1058. 133 A. S. R. 94. 

Amendment No. 22, which provides, "by 
striking out the words 'who is ex officio 
tax collector,' after the words 'a county 
assessor,' and inserting the words 'and also 
ex officio tax collector' after the words 'a 
county treasurer, who is ex officio public 
administrator,' " is self-operative, and be- 
came a part of the state constitution upon 
its adoption by the voters of the state at 
the general election on the 5th of Novem- 
ber, 1912. Cleary v. Kincaid (1913) 23 I. 
789, 131 P. 1117. 

The adoption of the amendment No. 22 
in no way affects the terms of the officers 
mentioned, the time of their election, or 
their compensation. Ward v. Holmes 
(1914) 26 I. 602, 144 P. 1104. 

Employment of counsel: The board of 
county commissioners has no authority to 
employ an attorney to act by the year as 
legal adviser for the county. Meller v. 
Bd. etc. Logan Co. (1894) 4 I. 44, 35 P. 
712; Hampton v. Comrs. Logan Co. (1896) 
4 I. 646, 43 P. 324. The necessity for such 
employment must be apparent and the 
facts creating such necessity must be made 
a matter of record by the commissioners. 
Hampton v. Comrs. Logan Co. (1896) 4 
I. 646, 43 P. 324. And they must act as 
a board. Conger v. Bd. Comrs. Latah Co. 
(1896) 4 I. 740, 48 P. 1064. 

Where it is shown by the record of the 
county commissioners that the existence of 
a county is involved, and that the constitu- 
tionality of an act creating a new county 
is to be litigated, the county commission- 
ers are justified in ^employing counsel. 
Ravenscraft v. Bd. Comrs. (1897) 5 I. 178, 
47 P. 942. 

County commissioners may employ coun- 
sel only in matters over which they have 
jurisdiction and control; they cannot con- 
trol or interfere with criminal prosecu- 
tions or employ counsel to assist the dis- 
trict attorney in the conduct thereof. (Hus- 
ton, J., dissents.) Conger v. Comrs. Latah 
Co. (1897) 5 I. 347, 48 P. 1064; Adamson 
v. Comrs. Custer Co. (1915) 27 I. 190, 147 
P. 785. 

Appointment of deputies : The question 
of the appointment of deputies is submit- 
ted entirely to the discretion of the coun- 
ty commissioners and the sheriff cannot 
appoint a deputy to assist him unless he 
is empowered so to do by the commission- 
ers. Campbell v. Bd. of Comrs. (1896) 5 
I. 53, 46 P. 1022. 

Where an officer is absent from his of- 
fice by reason of illness or private busi- 
ness, the expense of employing a deputy 
to transact the business of the office is 
not a county charge. Woodward v. Bd. 
Comrs. Idaho Co. (1897) 5 I. 524, 51 P. 
143. 



Before the county commissioners are au- 
thorized to empower the sheriff to appoint 
a deputy, they must find that the busi- 
ness of the office requires the assistance 
of a deputy so that a necessity exists for 
such appointment. (Huston, C. J., dis- 
sents.) Taylor v. Canyon Co. (18 99) 6 I. 
466, 56 P. 168. 

No other county officers than those men- 
tioned in this section are entitled to 
deputies or clerks at the expense of the 
county. Fremont Co. v. Brandon (1899) 
6 I. 482, 56 P. 264. 

The authorization of an appointment of 
a deputy clerk and recorder by the county 
commissioners is not an infraction of the 
provision of this section which prohibits 
the establishment of county officers other 
than those therein enumerated. Dunbar 
v. Canyon Co. (1899) 6 I. 725, 59 P. 536. 

Salaries of deputies duly and regularly 
employed pursuant to authority conferred 
by the board of commissioners, are a coun- 
ty charge, but the salaries of deputies not 
so authorized, are not a county charge. 
Taylor v. Canyon Co. (1900) 7 I. 171, 61 
P. 521. 

This provision was not intended to repeal 
R. C. § 1815, and the act amendatory there- 
of, any further than to relieve the coun- 
ty from the payment of all deputies' sal- 
aries except those appointed by the sher- 
iff, auditor, recorder and clerk, when duly 
empowered by the board of county com- 
missioners, and the salaries of such depu- 
ties duly fixed. lb. 

Assessor: Under this section it is es- 
sential that the assessment of property 
located wholly within a county shall be 
made by the assessor elected by the voters 
of the county. Blomquist v. Comrs. of 
Bannock Co. (1913) 25 I. 284, 137 P. 174. 

County and municipal officers disting- 
uished: This provision of the constitution 
distinguishes county officers from munici- 
pal officers, making the first constitution- 
al officers, while the creation of municipal 
officers is left wholly with the legislature. 
Hodges v. Tucker (1914) 25 I. 563, 572, 
138 P. 1139. 

Chairmain of commissioners: There is 
no such office as chairman of the board 
of county commissioners and the legisla- 
ture is prohibited by the constitution from 
creating it. The chairman is simply a 
member of the board designated to dis- 
charge certain duties. No term has been 
fixed during which he may preside and 
he may be removed by the board. (Dis. 
op., Morgan, J.) Prichard v. McBride 
(1916) 28 I. 346, 354, 154 P. 624. 

Term of office: The constitution pro- 
vides for biennial election of county offi- 
cers and it is left entirely to the legisla- 
ture to provide the time of holding elec- 
tion and when the term shall commence 
and end. There is no conflict of § 74 
with this provision of the constitution. 
Clark v. Wonnacott (1917) 30 I. 98, 162 
P. 1074. 



§ 7. Same: Salaries. All county officers and deputies when allowed, 
shall receive, as full compensation for their services, fixed annual sal- 
aries, to be paid quarterly out of the county treasury, as other expenses 
are paid. All actual and necessary expenses, incurred by any county 



2763 



Const. XVIII, 8 



CONSTITUTION OF IDAHO 



officer or deputy, in the performance of his official duties, shall be a le- 
gal charge against the county, and may be retained by him out of any 
fees, which may come into his hands. All fees which may come into 
his hands from whatever source, over and above his actual and neces- 
sary expenses, shall be turned into the county treasury at the end of 
each quarter. He shall at the end of each quarter file with the clerk of 
the board of county commissioners, a sworn statement, accompanied by 
proper vouchers, showing all expenses incurred and all fees received, 
which must be audited by the board as other accounts. 



Ili-t. Amendment No. 6 (first part) 
proposed 'it?, p. 185, H. J. R. 10, adopted 
Nov. 8, IN 9 8, effective Dec. 5, 1898. The 
section originally read: 

S 7. The officers provided by section 
six of this article shall receive annually as 
compensation for their services as follows: 
sheriff, not more than four thousand dol- 
lars and not less than one thousand dol- 
lars, together with such mileage as may 
be prescribed by law; clerk of the dis- 
trict court, who is ex officio auditor and re- 
corder, not more than three thousand dol- 
lars, and not less than five hundred dol- 
lars; probate judge, who is ex officio coun- 
ty superintendent of public instruction, not 
more than two thousand dollars, and not 
less than five hundred dollars; county as- 
sessor, who is ex officio tax collector, not 
more than three thousand dollars, and not 
less than five hundred dollars; county 
treasurer, who is ex officio public admin- 
istrator, not more than one thousand dol- 
lars, and not less than three hundred dol- 
lars; coroner, not more than five hundred 
dollars; county surveyor, not more than 
one thousand dollars; county commission- 
ers, such per diem and mileage as may be 
prescribed by law; and justices of the 
peace and constables such fees as may be 
prescribed by law. 

Cited: Cunningham v. Moody (1891) 3 
I. 125, 34 A. S. R. 269, 28 P. 395; Eakin 
v. Nez Perce Co. (1894) 4 I. 131, 36 P. 
702; Campbell v. Comrs. Logan Co. (1894) 
4 I. 181, 37 P. 3 29; Naylor v. Vermont 
Loan etc. Co. (1898) 6 I. 251, 55 P. 297; 
Taylor v. Canyon Co. (1900) 7 I. 171, 61 
P. 521; (On rehearing) Rhea v. Comrs. 
(1907) 13 I. 59, 88 P. 89; McBee v. 
Brady (1909) 15 I. 761, 100 P. 97; Lincoln 
v. Twin Falls etc. Co. (1913) 23 I. 433, 
130 P. 788; Leonard v. St. Clair (1915) 
27 I. 568, 149 P. 1058. 

Compensation to officers: A county of- 
ficer who receives greater compensation 
for his services than is allowed by this 
section, is liable to the county for the ex- 
cess, and may be sued by the county 
therefor, although the commissioners al- 
lowed his claim for the amount so received. 
Ada Co. v. Gess (1905) 4 I. 611, 43 P. 71. 

This section as amended abrogates '91, 
p. 177, as to sheriff's mileage in criminal 
eases ;ind they are entitled to no mileage 
therein. Ellis v. Bingham Co. (1900) 7 T. 
86, 60 P. 79. 

The legislature is authorized to empower 
the county commissioners of the various 



counties of the state to fix the salaries of 
county officers of their respective counties, 
except in the matter of fixing their own 
salaries. The salary act of March 7, 1899, 
is conformable to the provisions of this 
section except in so far as it authorizes 
the commissioners to fix their own salaries. 
Stookey v. Bd. Comrs. (1899) 6 I. 542, 57 
P. 312. 

This provision limits compensation that 
shall be paid to county officials and their 
deputies for all services rendered to coun- 
ty. McRoberts v. Hoar (1915) 28 I. 163, 
152 P. 1046. 

The prosecuting attorney is entitled to 
no additional compensation for perform- 
ing any of his official duties. Givens v. 
Carlson (1916) 29 I. 133, 157 P. 1120. 

Accounting for fees: Pees received by 
the county treasurer in acting as ex of- 
ficio public administrator, must be ac- 
counted for and reported to the county and 
can not be retained by the officer for his 
personal or individual use. Re Rice (1906) 
12 I. 305, 85 P. 1109. 

Pees received by the clerk of the court in 
taking proofs made upon government 
lands, and legal fees received by the pro- 
bate judge in solemnizing marriages, must 
be paid into the county treasury. Rhea v. 
Co. Comrs. (1906) 12 I. 455, 88 P. 89. 

Decisions prior to amendment: The clerk 
of the district court, as such, and as audi- 
tor and recorder, can not receive as com- 
pensation for his own use, for the per- 
formance of his duties in all these capaci- 
ties, any sum in excess of $3000 for any 
one year. Hillard v. Shoshone Co. (1891) 
3 I. 103, 27 P. 678. 

The maximum compensation to be paid 
to the assessor and tax collector is limited 
by this section to $3000 and he can in no 
event receive a larger sum. Guheen v. 
Curtis (1892) 3 I. 443, 31 P. 805. 

Where the probate judge acts as his 
own clerk, his compensation as judge, 
clerk and county superintendent can not 
exceed more than $2000 for all his serv- 
ices in that capacity; where he appoints a 
clerk, he and his clerk together can not 
receive more than $2000. Co. of Ada v. 
Ryals (1895) 4 I. 365, 39 P. 556. 

The object of this section was to make 
county offices self-sustaining and to limit 
the cost of maintenance to the fees provid- 
ed by law, except when such fees do not 
amount to the minimum salary fixed by 
law. Woodward v. Comrs. of Idaho Co. 
(1897) 5 I. 524, 51 P. 143. 



§8. Same: How paid. The compensation provided in section seven 
for the officers therein mentioned shall be paid by fees or commissions, 
or both, as prescribed by law. All fees and commissions received by 



2764 



APPORTIONMENT Const. XIX, 1 

such officers in excess of the maximum compensation per annum provid- 
ed for each in section seven of this article shall be paid to the county 
treasurer for the use and benefit of the county. In case the fees received 
in any one year by any one of such officers shall not amount to the min- 
imum compensation per annum therein provided, he shall be paid by 
the county a sum sufficient to make his aggregate annual compensation 
equal to such minimum compensation. 

Citeil: Hillard v. Shoshone Co. (1891) 3 Accountability for fees: The fees re- 

I. 103, 27 P. 678; Eakin v. Nez Perce Co. ceived by an officer for which he must ac- 

(1894) 4 I. 131, 36 P. 702; Campbell v. count to the county, include fees earned 

Comrs. Logan Co. (1894) 4 I. 181, 37 P. though not collected by the officer. lb. 
329; Co. of Ada v. Ryals (1895) 4 I. 365, Salaries of officers: Where the compen- 

39 P. 556; Taylor v. Canyon Co. (1900) 7 sa tion of asesssors is bv statute to be paid 

I. 171, 61 P. 521; Pacific Co. v. Willapa by commissioners and fees, the county 

Harbor Pub. Co. (1915 Wash.) 153 P. 360, commissioners exceed their power in al- 

362. lowing an assessor a quarterly salary, and 

Payment of officers: R. S. § 2120, pro- an or der made bv them allowing such sal- 

viding for payment of compensation of ary is void> and mav be attacked directly 

county officers out of the county treasury or collaterally. Fremont Co. v. Brandon 

upon warrants, is in some degree repug- (18-99) 6 I. 482. 56 P. 264. 
nant to this section. Naylor v. Vermont 
Loan etc. Co. (1898) 6 I. 251, 55 P. 297. 

§ 9. Same: Liability for fees. The neglect or refusal of any county 
officer or deputy to account for and pay into the county treasury any 
money received as fees or compensation, in excess of his actual and 
necessary expenses, incurred in the performance of his official duties, 
within ten days after his quarterly settlement with the county, shall be 
a felony, and the grade of the crime shall be embezzlement of public 
funds, and be punishable as provided for such offenses. 

Hist. Amendment No. 6 (second part) of the crime shall be the embezzlement of 

proposed '97, p. 185. H. J. R. 10, adopted public moneys, and be punishable as pro- 

Nov. 8, 1898, effective Dec. 5. 1898. The yided for such offense, 
section originally read: Cited: Eakin v. Nez Perce Co. (1894) 

§ 9. The neglect or refusal of any of- 4 I. 131, 36 P. 702; Re Rice (1906) 12 I. 

ficer named in this article to account for 305. 85 P. 1109. 

and pay into the county treasurv any mon- Application: This provision applies only 

ey received as fees or compensation in ex- t o the liability of a derelict officer crim- 

cess of the maximum amount allowed to inallv, and has nothing to do with the 

such officer by the provisions of this ar- civil Habilitv of the officer or his sureties, 

tide, within forty days after the receipt of Co> of Ada v# Ellis ( i 89 7) 5 1. 333, 48 p. 

the same, shall be a felony, and the grade 1071. 

§ 10. Board of county commissioners. The board of county com- 
missioners shall consist of three members, whose term of office shall be 
two years. 

Cited: Blomquist v. Comrs. of Bannock 
Co. (1913) 25 I. 284, 137 P. 174. 

§ 11. Duties of officers. County, township and precinct officers shall 
perform such duties as shall be prescribed by law. 

Cited: Conger v. Comrs. Latah Co. 824; Re Sly (1904) 9 I. 779, 76 P. 766; 
(1897) 5 I. 347, 48 P. 1064; S. ex rel. Fenton v. Comrs. of Ada Co. (1911) 20 I. 
Griffith v. Vineyard (1903) 9 I. 134, 72 P. 392, 119 P. 41. 

ARTICLE XIX. 
APPORTIONMENT. 

Note: This article is superseded by chapter 4 of the code. 

Section Section 

1. Senatorial districts. 2. Representative districts. 

§ 1. Senatorial districts. Until otherwise provided by law the ap- 
portionment of the two houses of the legislature shall be as follows: 

The first senatorial district shall consist of the county of Shoshone, 
and shall elect two senators. 

The second shall consist of the counties of Kootenai and Latah, and 
shall elect one senator. 

2765 



Const. XIX, 2 CONSTITUTION OF IDAHO 

The third shall consist of the counties of Nez Perce and Idaho, and 
shall elect one senator. 

The fourth shall consist of the counties of Nez Perce and Latah, and 
shall elect one senator. 

The fifth shall consist of the county of Latah, and shall elect one sena- 
tor. 

The sixth shall consist of the county of Boise, and shall elect one sen- 
ator. 

The seventh shall consist of the county of Custer, and shall elect one 
senator. 

The eighth shall consist of the county of Lemhi, and shall elect one 
senator. 

The ninth shall consist of the county of Logan, and shall elect one 
senator. 

The tenth shall consist of the county of Bingham, and shall elect one 
senator. 

The eleventh shall consist of the counties of Bear Lake, Oneida and 
Bingham, and shall elect one senator. 

The twelfth shall consist of the counties of Owyhee and Cassia, and 
shall elect one senator. 

The thirteenth shall consist of the county of Elmore, and shall elect 
one senator. 

The fourteenth shall consist of the county of Alturas, and shall elect 
one senator. 

The fifteenth shall consist of the county of Ada, and shall elect two 
senators. 

The sixteenth shall consist of the county of Washington, and shall 
elect one senator. 

Cited: Satain v. Curtis (1893) 3 I. 662, 
32 P. 1130. 

§ 2. Representative districts. The several counties shall elect the 
following members of the house of representatives : 
The county of Ada, three members. 
The counties of Ada and Elmore, one member. 
The county of Alturas, two members. 
The county of Boise, two members. 
The county of Bear Lake, one member. 
The county of Bingham, three members. 
The county of Cassia, one member. 
The county of Custer, two members. 
The county of Elmore, one member. 
The county of Idaho, one member. 
The counties of Idaho and Nez Perce, one member. 
The county of Kootenai, one member. 
The county of Latah, two members. $ 

The counties of Kootenai and Latah, one member. 
The county of Logan, two members. 
The county of Lemhi, two members. 
The county of Nez Perce, one member. 
The county of Oneida, one member. 
The county of Owyhee, one member. 
The county of Shoshone, four members. 
The county of Washington, two members. 
The counties of Bingham, Logan and Alturas, one member. 

2766 



AMENDMENTS 



Const, XX, 1 



ARTICLE XX. 
AMENDMENTS. 

Cited: Lansdon v. S. Bd. of Canvassers (1910) 18 I. 596, 603, 111 P. 133. 
ously for Art. IX) Tobey v. Bridgewood (1912) 22 I. 566, 578, 127 P. 172. 

Section 

1. How amendments may be proposed. 

2. Submission of several amendments. 

3. Revision or amendment by convention. 



(Errone- 



Section 

4. Submission of revised constitution to 
people. 



§ 1. How amendments may be proposed. Any amendment or 
amendments to this constitution may be proposed in either branch of 
the legislature, and if the same shall be agreed to by two-thirds of all 
the members of each of the two houses, voting separately, such proposed 
amendment or amendments shall, with the yeas and nays thereon, be 
entered on their journals, and it shall be the duty of the legislature to 
submit such amendment or amendments to the electors of the state at 
the next general election, and cause the same to be published without 
delay for at least six consecutive weeks, prior to said election, in not 
less than one newspaper of general circulation published in each county ; 
and if a majority of the electors shall ratify the same, such amendment 
or amendments shall become a part of this constitution. 



Cross ref. Express reference to this sec- 
tion: § 110. 

Cited: Holmberg v. Jones (1901) 7 I. 
752, 65 P. 563; Lansdon v. S. Bd. of Can- 
vassers (1910) 18 I. 596, 111 P. 133; Blom- 
quist v. Comrs. of Bannock Co. (1913) 25 
I. 284, 137 P. 174. 

Proposal of amendments: An amend- 
ment to the constitution may be proposed 
by joint resolution and need not be pre- 
sented to the people by a formal statute. 
Hays v. Hays (1897) 5 I. 154, 47 P. 732. 

The provisions in this section with ref- 
erence to entering- the proposed amend- 
ment or amendments, together with the 
yea and nay vote thereon, upon the jour- 
nal, are mandatory. McBee v. Brady 
(1909) 15 I. 761, 100 P. 97. 

Form of amendments: While the con- 
stitution prescribes no particular method 
or form for proposing and submitting 
amendments to the constitution, the bet- 
ter course to pursue is to indicate in the 
resolution proposing the amendment the 
particular matter to be inserted or omitted 
as an amendment, and the particular place 
in the section the amendment is to be in- 
serted. McBee v. Brady (1909) 15 I. 761, 
100 P. 97. 

The constitutional provisions for amend- 
ing statutes (III, 18) do not apply to con- 
stitutional amendments. lb. 

The legislature has no power to incor- 
porate in a joint resolution, proposing 
amendments to the constitution, any mat- 
ter except the amendment proposed and 
the question and manner of submitting the 
same. lb. 

Where a section of the constitution is 
amended at the same time by two differ- 
ent amendments, and the amendments 
adopted are directly in conflict, and it is 
impossible to determine which should 
stand as a part of the constitution, or to 
reconcile the same, they both must fail, 
lb. 

Adoption of amendments: Where a ma- 
jority of electors voting upon the question 



of amendment of the constitution, vote in 
favor of the amendment, the amendment 
is ratified, although the votes thus cast 
are not a majority of the votes cast at 
the general election for state officers. 
Green v. S. Bd. of Canvassers (1896) 5 I. 
130, 47 P. 259. 

Canvass of returns: Where the state 
board of canvassers canvass the votes on a 
proposed amendment to the constitution 
and declare that a majority of the votes 
were cast in favor of the amendment, stat- 
ing the number for and against it, it is not 
necessary that the board should further 
declare, in terms, as to whether the amend- 
ment was carried. Hays v. Hays (1897) 
5 I. 154, 47 P. 732. 

Time of taking effect: Upon the ratifi- 
cation of an amendment it becomes a part 
of the constitution, and while the legisla- 
ture might propose an amendment which 
in itself provides for the time it would be- 
come operative, yet unless such time is in- 
corporated in the amendment itself, the 
legislature has no authority to fix a time 
different from that prescribed by the con- 
stitution. McBee v. Brady (1909) 15 I. 
761, 100 P. 97. 

Validity of amendments: In determin- 
ing the validity or unconstitutionality of 
a constitutional amendment, the court will 
not concern itself with the justice or wis- 
dom of the amendment, and will presume 
that the legislature acted regularly in sub- 
mitting the same to the voters of the state, 
and will uphold and sustain such amend- 
ment unless it appears that the same has 
not been proposed, submitted, and adopted 
in accordance with the provisions of the 
constitution. McBee v. Brady (1909) 15 I. 
761, 100 P. 97. 

A question submitted as a constitutional 
amendment does not become a constitu- 
tional amendment unless submitted and 
adopted in accordance with the provisions 
of the constitution. Utter v. Moseley 
(1909) 16 I. 274, 100 P. 1058, 133 A. S. 
R. 94, 18 Ann. Cas. 723. 



2767 



Const. XX, 2 



CONSTITUTION OF IDAHO 



§ 2. Submission of several amendments. If two or more amend- 
ments are proposed, they shall be submitted in such manner that the 
electors shall vote for or against each of them separately. 



Cited: Green v. S. Bd. of Canvassers 
( 1896) 5 I. 13 0, 4 7 P. 2 5 9. 

Mandatory: This provision Is manda- 
tory. McBee v. Brady (1909) 15 I. 761, 
LOO P. 97. 

Separate amendments: All changes 
which relate to one subject and accomplish 
a single purpose, shall be treated, recog- 
nized and submitted as a. single amend- 
ment. Under this provision of the consti- 
tution the legislature can not incorporate 
into a single amendment several distinct 
and independent subjects and submit the 



sane- as a single amendment. The deter- 
mination of the question as to whether a 
proposed change or changes in the con- 
stitution constitutes one or more amend- 
ments, depends upon whether the change 
as proposed relates to one subject and ac- 
complishes a single purpose. If it does 
not, then there are as many amendments 
as there are independent subjects, and it 
matters not whether the proposed change 
affects one or many sections or articles 
of the constitution. McBee v. Brady (1909) 
L5 I. 761, 100 P. 97. 



§ 3. Revision or amendment by convention. Whenever two-thirds 
of the members elected to each branch of the legislature shall deem it 
necessary to call a convention to revise or amend this constitution, they 
shall recommend to the electors to vote at the next general election for 
or against a convention, and if a majority of all the electors voting at 
said election shall have voted for a convention, the legislature shall at 
the next session provide by law for calling the same ; and such conven- 
tion shall consist of a number of members not less than double the num- 
ber of the most numerous branch of the legislature. 



Cited: Green v. S. Bd. of Canvassers 
(1896) 5 I. 130, 47 P. 259; Holmberg v. 
Jones (1901) 7 I. 752, 65 P. 563; McBee v. 



Brady (1909) 15 I. 761, 100 P. 97; Blom- 
quist v. Comrs. of Bannock Co. (1913) 25 
1. 284, 137 P. 174. 



§ 4. Submission of revised constitution to people. Any constitution 
adopted by such convention, shall have no validity until it has been 
submitted to, and adopted by, the people. 



Cited: Green v. S. Bd. of Canvassers 
(1896) 5 I. 130, 47 P. 259; Holmberg v. 



Jones (1901) 7 I. 752, 65 P. 563; McBee v. 
Brady (1909) 15 I. 761, 100 P. 97. 



ARTICLE XXI. 
SCHEDULE AND ORDINANCE. 



Section 

1. Judicial proceedings continued. 

2. Laws continued in force. 

3. Territorial fines and forfeitures ac- 
crue to state. 

4. Territorial bonds and obligations pass 
to state. 

5. Territorial officers to continue in of- 
fice. 

6. Submission of constitution to electors. 

7. When constitution takes effect. 

8. Election proclamation to be issued. 

9. Election to be ordered: Conduct of 
election. 



Section 



10. Canvass of election returns. 

11. Certificates of election. 

12. Qualifications of officers. 

13. Tenure of office. 

14. Convention of first legislature. 

15. Legislature to pass necessary laws. 

16. Transfer of cases to state courts. 

17. Seals of courts. 

18. Transfer of probate matters. 

19. Religious freedom guaranteed: Dis- 
claimer of title to Indian lands. 

2 0. Adoption of federal constitution. 
Signatures. 

§ 1. Judicial proceedings continued. That no inconvenience may 
arise from a change of the territorial government to a permanent state 
government, it is declared that all writs, actions, prosecutions, claims, 
liabilities, and obligations against the territory of Idaho, of whatsoever 
nature, and rights of individuals, and of bodies corporate, shall continue 
as if no change had taken place in this government; and all process 
which may, before the organization of the judicial department under 
this constitution, be issued under the authority of the territory of Idaho, 
shall be as valid as if issued in the name of the state. 

§ 2. Laws continued in force. All laws now in force in the territory 
of Idaho which are not repugnant to this constitution shall remain in 



2768 



SCHEDULE AND ORDINANCE Const. XXI, 6 

force until they expire by their own limitation or be altered or repealed 
by the legislature. 

Cited: Gilbert v. Moody (1891) 3 I. 3, nant to any of its provisions. The word 

25 P. 1092; Quayle v. Glenn (1899) 6 I. "altered" means "to make different with- 

549, 57 P. 308; McKnight v. Grant (1907) out destroying- identity; to vary without 

13 I. 692, 92 P. 989, 121 A. S. R. 287; Mix change." Butler v. Lewiston (1905) 11 I. 

v. Comrs. of Nez Perce Co. (1910) 18 I. 393 > 83 p - 234 - 

695, 112 P. 215, 32 L. R. A. (N. S.) 534; Under this section the special charters 

S v Omaechewiaria (1915) 27 I 797 under which certain cities in the state had 

152 P. 280; (Dis. op.) Blackwell L. Co. v.' £ een incorporated were continued in force 

Empire Mill Co. (1916) 28 I. 556, 584, 155 ^T^iSd^ V- ° Y ( 9) 

p (jOA 15 1. (Si, JOU P. 9o. 

~, ' .. „,, , ,„. - A . .. All special charters in force at the time 

Construction: The words "limitation," of the adop tion of the constitution were 

altered and repealed as used in this continued in force, even though granted 

section, apply to all laws special as well under spe cial and local laws. Howard v. 

as general in force at the date of the adop- Ind Scn Dist (1910 ) 17 I. 537, 106 P. 

tion of the constitution, and not repug- (592 

§ 3. Territorial fines and forfeitures accrue to state. All fines, pen- 
alties, forfeitures and escheats accruing to the territory of Idaho shall 
accrue to the use of the state. 

§ 4. Territorial bonds and obligations pass to state. All recogniz- 
ances, bonds, obligations, or other undertakings heretofore taken, or 
which may be taken before the organization of the judicial department 
under this constitution, shall remain valid, and shall pass over to and 
may be prosecuted in the name of the state ; and all bonds, obligations 
or other undertaking executed by this territory, or to any other officer 
in his official capacity, shall pass over to the proper state authority, and 
to their successors in office, for the uses therein respectively expressed, 
and may be sued for and recovered accordingly. All criminal prosecu- 
tions and penal actions which have arisen, or which may arise before 
the organization of the judicial department under this constitution, and 
which shall then be pending, may be prosecuted to judgment and execu- 
tion in the name of the state. 

§ 5. Territorial officers to continue in office. All officers, civil and 
military, now holding their offices and appointments in this territory un- 
der the authority of the United States, or under the authority of this ter- 
ritory, shall continue to hold and exercise their respective offices and 
appointments until suspended under this constitution. 

§ 6. Submission of constitution to electors. This constitution shall 
be submitted for adoption or rejection, to a vote of the electors qualified 
by the laws of this territory to vote at all elections at an election to be 
held on the Tuesday after the first Monday in November, A. D. 1889. 
Said election shall be conducted in all respects in the same manner as 
provided by the laws of the territory for general election, and the returns 
thereof shall be made and canvassed in the same manner and by the same 
authority as provided in cases of such general elections and abstracts 
of such returns duly certified shall be transmitted to the board of can- 
vassers now provided by law for canvassing the returns of votes for dele- 
gate in congress. The said canvassing board shall canvass the votes so 
returned and certify and declare the result of said election in the same 
manner, as is required by law for the election of said delegate. 

At the said election the ballots shall be in the following form : For the 
Constitution — yes ; no. 

And as a heading to each of said ballots shall be printed on each ballot, 
the following instructions to voters: 

All persons who desire to vote for the constitution, or any of the 
articles submitted to a separate vote, may erase the word "no." 

2769 



Const. XXI, 7 CONSTITUTION OF IDAHO 

All persons who desire to vote against the constitution, or against any 
article submitted separately may erase the word "yes." 

Any person may have printed or written on his ballot only the words, 

"For the Constitution, " or "Against the Constitution," and such ballots 

shall be counted for or against the constitution accordingly. 

Genera] election defined: The use made elections held for the purpose of electing" 

of the words "general election" in this state and county officers. Kessler v. Fritch- 

section, indicates very clearly that such man (1911) 21 I. 30, 119 P. 692. 
words are used with reference to general 

§ 7. When constitution takes effect. This constitution shall take 
effect and be in full force immediately upon the admission of the territory 
as a state. 

§ 8. Election proclamation to be issued. Immediately upon the ad- 
mission of the territory as a state, the governor of the territory, or in 
case of his absence or failure to act, the secretary of the territory, or in 
case of his absence or failure to act, the president of this convention, shall 
issue a proclamation, which shall be published, and a copy thereof mailed 
to the chairman of the board of county commissioners of each county, 
calling an election by the people of all state, district, county, township, 
and other officers, created and made elective by this constitution, and 
fixing a day for such election, which shall not be less than forty days 
after the date of such proclamation, nor more than ninety days after the 
admission of the territory as a state. 

,Cited: Doan v. Comrs. of Logan Co. 
(1891) 3 I. 38, 26 P. 157. 

§ 9. Election to be ordered: Conduct of election. The board of 
commissioners of the several counties shall thereupon order such election 
for said day, and shall cause notice thereof to be given, in the manner 
and for the length of time provided by the laws of the territory in cases 
of general elections for delegate to congress and county and other officers. 
Every qualified elector of the territory at the date of said election, shall 
be entitled to vote thereat. Said election shall be conducted in all re- 
spects in the same manner as provided by the laws of the territory for 
general elections, and the returns thereof shall be made and canvassed in 
the same manner and by the same authority as provided in cases of such 
general election ; but returns for all state and district officers and members 
of the legislature, shall be made to the canvassing board hereinafter pro- 
vided for. 

General election defined: The use made elections held for the purpose of electing 

of the words "general election" in this state and county officers. Kessler v. 

section, indicates very clearly that such Fritchman (1911) 21 I. 30, 119 P. 692. 
words are used with reference to general 

§ 10. Canvass of election returns. The governor, secretary, con- 
troller and attorney general of the territory, and the president of this 
convention, or a majority of them, shall constitute a board of canvassers 
to canvass the vote at such elections for all state and district officers and 
members of the legislature. The said board shall assemble at the seat of 
government of the territory on the thirtieth day after the date of such 
election (or on the following day if such day fall on Sunday), and pro- 
ceed to canvass the votes for all state and district officers and members 
of the legislature, in the manner provided by the laws of the territory 
for canvassing the vote for delegates to congress, and they shall issue cer- 
tificates of election to the persons found to be elected to said offices sever- 
ally, and shall make and file with the secretary of the territory an abstract 
certified by them, of the number of votes cast for each person for each 
of said offices and the total number of votes cast in each county. 

2770 



SCHEDULE AND ORDINANCE Const. XXI, 17 

§ 11. Certificates of election. The canvassing boards of the several 
counties shall issue certificates of election to the several persons found by 
them to have been elected to the several county and precinct offices. 

§ 12. Qualification of officers. All officers elected at such election 
shall, within thirty days after they have been declared elected, take the 
oath required by this constitution and give the same bond required by the 
law of the territory to be given in case of like officers of the territory, 
district or county, and shall thereupon enter upon the duties of their 
respective offices ; but the legislature may require by law all such officers 
to give other or further bonds as a condition of their continuance in office. 

§ 13. Tenure of office. All officers elected at said election, shall 
hold their offices until the legislature shall provide by law, in accordance 
with this constitution, for the election of their successors and until such 
successors shall be elected and qualified. 

§ 14. Convention of first legislature. The governor-elect of the 
state, immediately upon his qualifying and entering upon the duties of his 
office, shall issue his proclamation convening the legislature of the state 
at the seat of government on a day to be named in said proclamation and 
which shall not be less than thirty nor more than sixty days after the date 
of such proclamation. Within ten days after the organization of the 
legislature both houses of the legislature shall then and there proceed to 
elect, as provided by law, two senators of the United States for the state 
of Idaho. At said election the two persons who shall receive the majority 
of all votes cast by said senators and representatives, shall be elected 
as such United States senators, and shall be so declared by the presiding 
officers of said joint session. The presiding officers of the senate and house, 
shall issue a certificate to each of said senators, certifying his election, 
which certificates shall also be signed by the governor and attested by 
the secretary of state. 

Cited: Goodnight v. Moody (1891) 3 I. 
7, 26 P. 121. 

§ 15. Legislature to pass necessary laws. The legislature shall pass 

all necessary laws to carry into effect the provisions of this constitution. 

§ 16. Transfer of cases to state courts. Whenever any two of the 

judges of the supreme court of the state, elected under the provisions of 
this constitution, shall have qualified in their offices, the causes then pend- 
ing in the supreme court of the territory, and the papers, records, and 
proceedings of said court, and the seal and other property pertaining 
thereto, shall pass into the jurisdiction and possession of the supreme 
court of the state and until so superseded the supreme court of the terri- 
tory and the judges thereof shall continue, with like powers and juris- 
diction, as if this constitution had not been adopted. Whenever the judge 
of the district court of any district elected under the provisions of this 
constitution, shall have qualified in office, the several causes then pending 
in the district court of the territory, within any county in such district, 
and the records, papers, and proceedings of said district court, and the 
seal and other property pertaining thereto shall pass into the jurisdiction 
and possession of the district court of the state for such county ; and until 
the district courts of this territory shall be superseded in the manner afore- 
said the said district courts and the judges thereof shall continue with 
the same jurisdiction and power to be exercised in the same judicial 
districts respectively, as heretofore constituted under the laws of the ter- 
ritory. 

§ 17. Seals of courts. Until otherwise provided by law, the seals 
now in use in the supreme and district courts of this territory are hereby 

2771 



Const. XXI, 20 CONSTITUTION OF IDAHO 

declared to be the seals of the supreme and district courts, respectively, 
of the state. 

§ 18. Transfer of probate matters. Whenever this constitution shall 
go into effect, the books, records, and papers, and proceedings of the 
probate court in each county, and all causes and matters of administra- 
tion and other matters pending therein, shall pass into the jurisdiction 
and possession of the probate court of the same county of the state, and 
the said probate court shall proceed to final decree or judgment, order, 
or other determination in the said several matters and causes as the 
said probate court might have done if this constitution had not been 
adopted. 

§ 19. Religious freedom guaranteed: Disclaimer to title to Indian 
lands. It is ordained by the state of Idaho that perfect toleration of re- 
ligious sentiment shall be secured, and no inhabitant of said state shall 
ever be molested in person or property on account of his or her mode of 
religious worship. And the people of the state of Idaho do agree and declare 
that we forever disclaim all right and title to the unappropriated public 
lands lying within the boundaries thereof, and to all lands lying within 
said limits, owned or held by any Indians or Indian tribes; and 
until the title thereto shall have been extinguished by the United States, 
the same shall be subject to the disposition of the United States and said 
Indian lands shall remain under the absolute jurisdiction and control of 
the congress of the United States ; that the lands belonging to citizens of 
the United States, residing without the said state of Idaho, shall never 
be taxed at a higher rate than the lands belonging to the residents there- 
of. That no taxes shall be imposed by the state on the lands or property 
therein belonging to, or which may hereafter be purchased by, the United 
States, or reserved for its use. And the debts and liabilities of this terri- 
tory shall be assumed and paid by the state of Idaho. That this ordinance 
shall be irrevocable, without the consent of the United States and the 
people of the state of Idaho. 

Cross ref. Guaranty of religious liberty: Dist. v. Prideaux (1913) 25 I. 112, 136 P. 

Const. I, 4. 618, Ann. Cas. 1916A 1218. 

Religious liberty: The constitution of Indian lands: The Fort Hall Indian 

Idaho guarantees to each inhabitant of reservation is subject to the general juris- 

the state the inalienable right to decide diction of Idaho as to all matters not in- 

for himself the wisdom and righteousness terfering with the rights secured to the 

of his mode of worship. S. v. Morris Indians by treaty. Utah & Northern Ry. 

(1916) 28 I. 599, 155 P. 296, L. R. A. Co> v . Fisher (i 8 85) 116 U. S. 28, 29 L. 

1916D 576. ed. 542, 6 S. C. R. 246. 

To hold that the use of a moving picture While decided prior to the adoption of 
machine on Sunday for the purpose of il- the constitution, the following line of cases 
lustrating a sermon, or religious lecture, dealing with the conflict of jurisdiction 
is keeping open or operating a moving pic- between the territory and the U. S. may 
ture show in violation of the statute, would assist in interpreting the provision con- 
be a construction of the statute which cerning Indian lands: Harkness v. Hyde 
would bring it in conflict with this sec- (1879) 98 U. S. (8 Otto) 476, 25 L,. ed. 
tion. lb. 237; Langford v. Monteith (1880) 102 U. 

Taxation of unpatented land: As soon S. (12 Otto) 145, 2 6 L. ed. 53; Utah & 

as final certificate issues the entryman has Northern Ry. Co. v. Fisher (1885) 116 U. 

the whole beneficial interest in the land S. 28, 29 L. ed. 542, 6 S. C. R. 246. 
and it may be taxed. Indian Cove Irr. 

§ 20. Adoption of federal constitution. That in behalf of the people 
of Idaho, we in convention assembled, do adopt the constitution of the 
United States. 

Effect: This section does not impose federal constitution. Rankin v. Jauman 
upon the state all the provisions of the (1894) 4 I. 5 3, 36 P. 502. 



2772 



SIGNATURES 



Signatures. Done in open convention, at Boise City, in the territory 
of Idaho, this sixth day of August, in the year of our Lord one thousand 
eight hundred and eighty -nine. 



Wm. H. CLAGETT, President, 

GEO. AINSLIE 

W. C. B. ALLEN, 

ROBT. ANDERSON, 

H. ARMSTRONG, 

ORLANDO B. BATTEN, 

FRANK W. BEANE, 

JAS. H. BEATTY, 

J. W. BALLENTINE, 

A. D. BEVAN, 

HENRY B. BLAKE, 

FREDERICK CAMPBELL, 

FRANK P. CAVANAH, 

A. S. CHANEY, 

CHAS. A. CLARK, 

I. N. COSTON, 

JAS. I. CRUTCHER, 

STEPHEN S. GLIDDEN, 

JOHN S. GRAY, 

Wm. W. HAMMEL, 

H. S. HAMPTON, 

H. O. HARKNESS, 

FRANK HARRIS, 

SOL. HASBROUCK, 

C. M. HAYS, 

W. B. HEYBURN, 

JOHN HOGAN, 

J. M. HOWE, 

E. S. JEWELL, 

G. W. KING, 

H. B. KINPORT, 

JAS. W. LAMOREAUX, 



JOHN LEWIS, 
Wm. C. MAXEY, 
A. E. MAYHEW, 
W. J. McCONNEL, 
HENRY MELDER, 
JOHN H. MYER, 
JOHN T. MORGAN, 
A. B. MOSS, 
AARON F. PARKER, 
A. J. PIERCE, 
A. J. PINKHAM, 
J. W. POE, 
THOS. PYEATT, 
JAS. W. REID, 
W. D. ROBBINS, 
Wm. H. SAVIDGE, 
AUG. M. SINNOTT, 
JAMES M. SHOUP, 
DREW W. STANDROD, 
FRANK STEUNENBERG, 
HOMER STULL, 
WILLIS SWEET, 
SAM. F. TAYLOR, 
J. L. UNDERWOOD, 
LYCURGUS VINEYARD, 
J. S. WHITTON, 
EDGAR WILSON, 
W. W. WOODS, 
JOHN LEMP, 
N. I. ANDREWS, 
J. W. BRIGHAM, 
SAMUEL J. PRITCHARD. 



2773 



INDEX TO CONSTITUTION. 



ACTIONS Art. Sec. 

civil, jury, number necessary I 7 

forms abolished V 1 

teritorial, continued by state . ..XXI 1 

ADA COUNTY 

in third judicial dictrict V 24 

ADJUTANT GENERAL 

military records, etc., preserved in 
office of XIV 4 

ALIENS 

employment on public works prohib- 
ited XIII 5 

ALTURAS COUNTY 

in fourth judicial district V 24 

AMENDMENTS 

to constitution: See Constitution 

APPROPRIATIONS 

expenditure not to exceed ....VII 11 
money to be drawn pursuant to VII 13 

sectarian, prohibited IX 5 

veto by governor IV 11 

ARBITRATION 
boards of 

legislature may establish ..XIII 7 
powers XIII 7 

ARMS 

right to bear I 11 

ASSEMBLY 

right guaranteed I 10 

ASSESSORS 

appointment of deputies . . . .XVIII 6 
election XVIII 6 

ATTORNEY GENERAL 

compensation V 27 

election IV 2 

executive officers IV 1 

expenses IV 19 

legislature may provide for . . V 27 
member of boards 

board of examiners IV 18 

board of pardons IV 7 

land commissioners IX 7 

state board of equalization VII 12 
state prison commissioners. . . .IV 18 

X 5 

powers and duties IV 1 

qualifications IV 3 

residence IV 1 

salary IV 19 

term of office IV 1 

vacancies filled by appointment IV 6 

AUDITORS 

See County Auditors 
See State Auditor 

BAIL 

excessive prohibited I 6 

right guaranteed I 6 

BEAR LAKE COUNTY 

in fifth judicial district V 24 



BIGAMY Art. Sec. 

disqualifies as jurors, electors, etc. 

VI 3 

prohibited I 4 

BILLS OF ATTAINDER 

prohibited I 16 

BINGHAM COUNTY 

in fifth judicial district V 24 

BLIND 

institutions for benefit of X 1 

BOISE CITY 

seat of government X 2 

terms of supreme court V 8 

BOISE COUNTY 

in third judicial district V 24 

BONDS 

territorial to pass to state XXI 4 

BOUNDARIES 

of state XVII 1 

BREACH OF PEACE 

legislators not privileged from ar- 
rest Ill 7 

CASSIA COUNTY 

in fourth judicial district V 24 

CERTIORARI 

supreme court may issue writs V 9 
CHILD LABOR 

in mines prohibited XIII 4 

CHINESE 

restrictions as jurors, voting, etc. 

VI 3 
CITIES AND VILLAGES 

See Municipal Corporations 
COMBINATIONS IN RESTRAINT 
OF TRADE 

prohibited XI 18 

COMMON CARRIERS 

corporations which are XI 5 

discriminations prohibited . .XI 6 

legislative control XI 5 

CONSTITUTION 

acceptance by corporations XI 7 

amendments 

by convention XX 3 

how proposed XX 1 

separate amendments .... XX 2 

election for ratification XXI 6 

ratification by electors XX 1 

revised, submission to people . . XX 4 

when effective XXI 7 

CONTRACTS 

impairment of obligation I 16 

CONVICT LABOR 

repealed XIII 3 

CONVICTS 

disqualified as jurors, electors, etc. 

VI 3 
CORONERS 

election XVIII 6 



2775 



INDEX TO CONSTITUTION 



CORPORATIONS Art. Sec. 

acceptance of constitution XI 7 

capital stock 

increase of XI 9 

shares, how voted XI 4 

charters 

existing, annulled XI 1 

revocation and alteration .... XI 3 

special, prohibited XI 2 

consolidation with foreign XI 14 

denned XI 16 

directors, election, cumulative vot- 
ing XI 4 

dues, how secured XI 17 

foreign 

preferences prohibited XI 10 

resident agents, etc., required XI 10 

municipal aid prohibited XII 4 

organization under general laws XI 2 

retroactive laws prohibited XI 12 

stockholders 

individual liability restricted XI 17 

state not to become VIII 2 

taxation VII 8 

COUNSEL 

right to, in criminal cases I 13 

COUNTIES 

aid to corporations prohibited. .XII 4 

charges, salaries of officers. .XVIII 7 

debts not to be assumed by state XII 3 

division XVIII 3 

extraordinary indebtedness. . . .VIII 3 

finances VII 15 

warrant redemption fund . . . .VII 15 

government XVIII 5 

legal subdivisions of state ..XVIII 1 

legislative apportionment Ill 4 

legislative districts Ill 5 

loaning credit prohibited XII 4 

loaning or giving credit prohibit- 
ed VIII 4 

local police regulations XII 2 

money 

drawn from treasuries VII 14 

profit from, prohibited VII 10 

new 

area XVIII 4 

valuation XVIII 4 

property exempt from taxation VII 4 
sectarian appropriations prohibited 

IX 5 
taxes 

legislature may not impose . .VII 6 

state to be paid in full VII 7 

to be levied by VII 15 

COUNTY ASSESSORS 

See Assessors 

COUNTY AUDITORS 

appointment of deputies ...XVIII 6 

clerks of district courts are XVIII 6 

COUNTY COMMISSIONERS, 
BOARD OF 
clerk, statements of fees to be filed 

with .XVIII 7 

constitute board of equalization VII 12 

election and powers XVIII 6 



COUNTY COMMISSIONERS, 

BOARD OF— Cont. Art. Sec. 

powers and duties 

employment of counsel . . . .XVIII 6 

order for first election XXI 9 

shall consist of XVIII 10 

taxes, warrant redemption fund VII 15 

term of members XVIII 10 

COUNTY OFFICERS 

crimes, neglect to account for fees 

XVIII 9 

enumeration and election . . . .XVIII 6 
expenses 

may be retained from fees XVIII 7 

report XVIII 7 

fees 

disposition of XVIII 7 

XVIII 8 

liability for XVIII 6 

XVIII 7 

report XVIII 7 

powers and duties, general . .XVIII 11 

salaries XVIII 7 

how paid XVIII 8 

COUNTY RECORDERS 

appointment of deputies . . . .XVIII 6 

clerks of district courts are . .XVIII 6 

COUNTY SCHOOL FUND 

exemptions from military duty pay- 
able into XIV 1 

COUNTY SEATS 

removal XVIII 2 

COUNTY SURVEYORS 

election XVIII 6 

COUNTY TREASURERS 

appointment of deputies . . . .XVIII 6 

election XVIII 6 

COUNTY TREASURIES 

fees of officers payable into XVIII 7 

XVIII 8 

items payable from V 18 

money, how drawn from VII 14 

COURTS 

enumeration V 2 

jurisdiction, corporations, consolida- 
tion of domestic and foreign XI 14 

laws to be uniform V 26 

legislative power over V 13 

open to all I 18 

COURTS OF RECORD 

probate courts are V 21 

CREDIT 

of counties not to be loaned. . . .VIII 4 

of state not to be loaned ....VIII 2 

CRIMINAL ACTIONS 

guaranties I 13 

presentment, indictment or infor- 
mation I 8 

right to appear and defend I 13 

right to speedy trial I 13 

territorial to be prosecuted by state 

XXI 4 

CUSTER COUNTY 

in fifth judicial district V 24 

DEAF AND DUMB 

institutions for benefit of X 1 



2776 



INDEX TO CONSTITUTION 



DEBT Art. Sec. 
See also Indebtedness 
imprisonment for, prohibited .... I 15 
municipal corporations not to be as- 
sumed by state XII 3 

DECEDENTS' ESTATES 

jurisdiction of probate courts ..V 21 

DECLARATION OF RIGHTS 

arms, right to bear I 11 

assembly .1 10 

bail I 6 

bills of attainder, etc., prohibited I 16 

courts open to all I 18 

criminal prosecutions, rights of ac- 
cused I 13 

cruel and unusual punishments . . I 6 

due process of law I 13 

eminent domain I 14 

freedom of speech I 9 

habeas corpus I 5 

Idaho part of union I 3 

imprisonment for debt prohibited. .1 15 

inalienable rights of man I 1 

indictment or information prerequi- 
site to prosecution I 8 

jury trial .1 7 

justice to be speedily administered I 18 

liberty of conscience and worship I 4 

military subordinate to civil power I 12 

petition I 10 

political power inherent in people I 2 
property qualifications on suffrage 

prohibited I 20 

religious freedom I 4 

reserved rights not impaired .... I 21 

suffrage to be freely exercised .... I 19 

unreasonable searches and seizures I 17 

DETECTIVE AGENCIES 

importation prohibited, when . . XIV 6 

DISTRICT COURTS 

grand jury may be summoned ... .1 8 

judicial power V 2 

jurisdiction V 20 

seals, territorial XXI 17 

terms V 11 

transfer of territorial proceedings 

XXI 16 

vacancies filled by appointment IV 6 

DISTRICT COURTS, CLERKS OF 

appointment of deputies . . . .XVIII 6 

election and term V 16 

ex officio auditors and recorders . . . 

XVIII 6 

vacancies V 19 

DISTRICT JUDGES 

compensation V 27 

election V 11 

powers and duties 

court held out of district ....V 12 

reports of defects in law V 25 

pro tempore V 12 

qualifications V 23 

residence V 12 

salaries V 17 

sit in supreme court, when ... .V 6 

term of office V 11 

vacancies V 19 



DUE PROCESS OF LAW Art. Sec. 

right guaranteed I 13 

EDUCATION, STATE BOARD OF 

constitution of board IX 2 

extraordinary indebtedness . .VIII 3 

not to loan or give its credit VIII 4 

state superintendent, member . . IX 2 

EDUCATIONAL INSTITUTIONS 

change in location X 7 

state may establish and support X 1 

ELECTIONS 

canvass of first election XXI 10 

certificates of first election . . . .XXI 11 

free exercise of suffrage I 19 

notice and conduct of first election 

XXI 9 

proclamation of first election XXI 8 

property qualifications prohibited I 20 

secret ballot guaranteed VI 1 

voters 

disqualifications VI 3 

qualifications VI 2 

qualifications may be prescribed 

by legislature VI 4 

residence VI 5 

ELMORE COUNTY 

in fourth judicial district V 24 

EMBEZZLEMENT 

conviction, disqualification of jur- 
ors, electors, etc VI 3 

neglect of county officers to account 

for fees XVIII 9 

EMINENT DOMAIN 

condemnation of water rights . . XV 3 

corporate property may be taken XI 8 

irrigation and mining purposes I 14 

right guaranteed and limited ....I 14 

right not to be abridged XI 8 

ENDOWMENT FUNDS 

loans of, restricted IX 11 

EQUALIZATION, COUNTY 
BOARDS OF 
constitution and duties VII 12 

EQUALIZATION, STATE BOARD 
OF 
constitution and powers VII 12 

ESCHEATS 

territorial accrue to state . . . XXI 3 

EXAMINERS, STATE BOARD OF 
constitution and powers IV 18 

EXECUTIVE DEPARTMENT 

constitution IV 1 

distinct branch of government . .II 1 

EXECUTIVE OFFICERS 

accounts and reports IV 17 

election IV 2 

enumeration IV 1 

fees IV 19 

powers and duties IV 1 

qualifications IV 3 

reports required by governor. . . .IV 8 

residence IV 1 

terms of office IV 1 

EXEMPTIONS 

from taxes: See Taxes 

EX POST FACTO LAWS 

prohibited I 16 



2777 



INDEX TO CONSTITUTION 



EXPRESS CORPORATIONS Art. Sec. 

are common carriers XI 5 

consolidation with foreign ....XI 14 

discriminations prohibited ....XI 6 
FEDERAL CONSTITUTION 

adopted for state XXI 20 

supreme law of land I 3 

FEES 

county officers: See County Officers 
FEIGNED ISSUES 

prohibited V 1 

FIFTH JUDICIAL DISTRICT 

counties comprising V 24 

FELONIES 

conviction, disqualification of jur- 
ors, electors, etc VI 3 

county officers, neglect to account 

for fees XVIII 9 

legislators not privileged from ar- 
rest Ill 7 

profit from public money VII 10 

FINES 

excessive prohibited I 6 

remissions by board of pardons IV 7 

territorial accrue to state .... XXI 3 
FIRST JUDICIAL DISTRICT 

counties comprising V 24 

FLAGS 

national and state only to be car- 
ried XIV 5 

FORFEITURES 

remission by board of pardons . . I V 7 

territorial accrue to state ....XXI 3 
FOURTH JUDICIAL DISTRICT 

counties comprising .V 24 

FRANCHISES 

restriction on alienation XI 15 

rights to collect water rates .... XV 2 
FRAUD 

imprisonment for debt I 15 

GOVERNOR 

accounts for money expended . . I V 8 
appointments 

militia officers XIV 3 

with senate's consent 

commissioner of immigration, 

labor and statistics ....XIII 1 

constitutional offices IV 6 

insane asylum directors ....X 6 

commander in chief of militia . .IV 4 

compensation V 27 

estimate of expenditures IV 8 

executive officer IV 1 

expenses IV 19 

legislature may provide for . .V 27 

impeachment V 4 

member of boards 

board of examiners IV 18 

board of pardons IV 7 

land commissioners IX 7 

state board of equalization VII 12 

state prison commissioners . .IV 18 

X 5 

messages to legislature IV 8 

powers and duties IV 1 

calling out militia IV 4 



GOVERNOR— Cont. Art. Sec. 

powers and duties — Cont. 

investigations of state institu- 
tions IV 8 

legislative oaths of office admin- 
istered by Ill 25 

special legislative sessions. .. .IV 9 

president of senate to act when IV 14 

qualifications IV 3 

reports to 

commissioner of immigration, la- 
bor and statistics XIII 1 

executive officers IV 8 

IV 17 

expenditures IV 8 

justices supreme court V 25 

pardons, etc IV 7 

state institutions IV 8 

IV 17 

reprieves may be granted IV 7 

residence IV 1 

salary IV 19 

signature, grants and permissions 

IV 16 

speaker to act, when IV 14 

supreme executive power vested in 

IV 5 

term of office IV 1 

vacancy filled by lieutenant gover- 
nor IV 12 

veto 

appropriation bills IV 11 

power IV 10 

GRAND JURIES 

when and how summoned I 8 

GREAT SEAL 

custody and use • IV 15 

grants and permissions IV 16 

GUARDIAN AND WARD 

guardians, jurisdiction of probate 

court V 21 

wards, disqualified as jurors, elect- 
ors, etc VI 3 

HABEAS CORPUS 

right guaranteed I 5 

supreme court may issue writs . . . V 9 

HIGHWAYS 

railroads are XI 5 

HOURS OF LABOR 

state and municipal works . . . .XIII 2 
HOUSE OF REPRESENTATIVES 

bills, revenue, originate in ....III 14 

districts Ill 5 

members 

number and how chosen Ill 2 

privileges Ill 7 

qualifications Ill 6 

term of office Ill 3 

power of impeachment V 4 

speaker 

acts as governor, when IV 14 

legislative oaths of office admin- 
istered by Ill 25 

IDAHO COUNTY 

in second judicial district V 24 



2778 



INDEX TO CONSTITUTION 



IDIOTS Art. Sec. 

disqualified as jurors, electors, etc. 

VI 3 
IMMIGRATION, LABOR AND STA- 
TISTICS, BUREAU OF 
commissioner 

annual report XIII 1 

appointment and term ....XIII 1 

compensation XIII 8 

legislature may diminish or in- 
crease V 27 

powers and duties XIII 1 

XIII 8 

establishment XIII 1 

IMPEACHMENTS 

board of pardons IV 7 

judgment of conviction V 3 

power vested in house V 4 

trial by senate V 3 

vote necessary to convict V 4 

IMPRISONMENT 

for debt prohibited I 15 

INDEBTEDNESS, COUNTIES 

creation of extraordinary ....VIII 3 
INDEBTEDNESS, STATE 

extraordinary, submission to vote 

VIII 1 

limitation VIII 1 

INDIAN RESERVATIONS 

disclaimer of title to XXI 19 

INDIANS 

restrictions as jurors, voting, etc VI 3 
INDICTMENT OR INFORMATION 

necessary, when I 8 

INITIATIVE 

power reserved by people Ill 1 

INSANE ASYLUMS 
directors 

appointment X 6 

powers and duties X 6 

medical superintendents X 6 

INSANE PERSONS 

disqualified as jurors, electors, etc. 

VI 3 

institutions for benefit of X 1 

INTOXICATING LIQUORS 

manufacture, sale, etc., prohibited 

III 26 
IRRIGATION 

See Water Rights 
JEOPARDY 

twice in, prohibited I 13 

JUDICIAL DEPARTMENT 

distinct branch of government. . . .II 1 

enumeration of courts V 2 

legislative power over V 13 

vacancies, how filled V 19 

JUDICIAL DISTRICTS 

enumeration V 24 

number V 11 

JUDICIAL OFFICERS 

excepted from recall VI 6 

JURIES 

jurors, disqualification VI 3 

JURY TRIAL 

right guaranteed I 7 

waiver I 7 



JUSTICES' COURTS Art. Sec. 

civil jurisdiction V 22 

concurrent jurisdiction of probate 

courts V 21 

judicial power vested in V 2 

KOOTENAI COUNTY 

in first judicial district V 24 

LABOR 

aliens not to be employed on pub- 
lic works XIII 5 

arbitration of dispute XIII 7 

child labor in mines prohibited XIII 4 
convict labor (repealed) ....XIII 3 
day's work on public works ..XIII 2 

protection of health XIII 2 

LAND COMMISSIONERS, STATE 
BOARD OF 

constitution IX 7 

powers and duties 

general IX 7 

location and disposition of lands 

IX 8 
LATAH COUNTY 

in second judicial district V 24 

LAWS 

See Statutes 
LEGISLATIVE DEPARTMENT 

a distinct branch of government II 1 
LEGISLATURE 

adjournment Ill 9, 10 

apportionment Ill 4 

representative districts .... XIX 2 

senatorial districts XIX 1 

bills 

amendment and rejection ....III 14 

majority to concur in Ill 15 

origin Ill 14 

passage 

by failure of governor to re- 
turn IV 10 

manner of Ill 15 

printing Ill 15 

signature by presiding officers III 21 
subject to referendum of people 

III 1 
technical terms to be avoided III 17 

vetoed IV 10 

constitution of houses Ill 2 

convention of first legislature XXI 14 
joint resolutions 

signature by presiding officers III 21 
technical terms to be avoided III 17 

journal Ill 13 

legislative power vested in .... Ill 1 
lotteries not to be authorized ..III 20 
members 

compensation Ill 23 

election to be determined by 

houses Ill 9 

expulsion Ill 11 

mileage Ill 23 

oath of office Ill 25 

officers 

chosen by each house Ill 9 

presiding 

compensation Ill 23 

oaths of office administered by 

III 25 



2779 



INDEX TO CONSTITUTION 



LEGISLATURE— Cont. Art. Sec. 

organization, failure to effect III 10 

pardon of treason IV 7 

power over courts V 13 

powers of each house Ill 9 

president of senate pro tern to vote, 

when IV 13 

prohibitions 

creation of excessive indebted- 
ness VIII 1 

local and special laws Ill 19 

lotteries, nonauthorization ..III 20 

municipal taxes VII 6 

secret sessions Ill 12 

sectarian appropriations IX 5 

quorum Ill 10 

reports to 

board of pardons IV 7 

executive officers and state insti- 
tutions IV 17 

justices of supreme court V 25 

rules of procedure to be determined 

III 9 

sessions Ill 8 

secret, prohibited Ill 12 

special IV 9 

time of meeting Ill 8 

LEMHI COUNTY 

in fifth judicial district V 24 

LEWISTON 

terms of supreme court V 8 

LIBERTY 

of conscience and worship I 4 

of speech and writing I 9 

LIBRARIES 

public, exempt from taxation. .VII 4 
LIEUTENANT GOVERNOR 

acts as governor, when IV 12 

executive officer IV 1 

expenses IV 19 

powers and duties IV 1 

president of senate IV 13 

qualifications IV 3 

residence IV 1 

salary IV 19 

legislature may diminish or in- 
crease V 27 

term of office IV 1 

LIVE STOCK 

protection XVI 1 

LOCAL LAWS 

prohibited Ill 19 

LOGAN COUNTY 

in fourth judicial district V 24 

LOTTERIES 

legislature not to authorize ....III 20 
MANDAMUS 

supreme court may issue V 9 

MECHANICS LIEN 

legislature may provide for ..XIII 6 
MILITARY 

duty, persons subject to XIV 1 

power, subordinate to civil I 12 

records, preservation by adjutant 

general XIV 4 

MILITIA 

enrollment and exemptions . .XIV 1 



MILITIA— Cont. Art. Sec. 

flags to be carried XIV 5 

governor commander in chief ..IV 4 

governor may call out IV 4 

legislature to provide for ....XIV 2 
officers XIV 3 

MINES 

eminent domain I 14 

employment of children prohibited 

XIII 4 

MISDEMEANORS 

jury I 7 

MORALITY 

legislature should further Ill 24 

MUNICIPAL CORPORATIONS 

aid to corporations prohibited XII 4 
courts may be established by legis- 
lature V 14 

debts not to assumed by state XII 3 
extraordinary indebtedness . .VIII 3 

incorporation XII 1 

loaning credit prohibited XII 4 

money, profit from, prohibited VII 10 
not to loan or give credit . . . .VIII 4 
police regulations authorized . .XII 2 
property exempt from taxation VII 4 

railroads, construction XI 11 

school property, etc., may be owned 

XII 4 
sectarian appropriations prohibited 

IX 5 
taxes 

legislature may not impose. .VII 6 
state, to be paid in full ....VII 7 

NEZ PERCE COUNTY 

in second judicial district V 24 

ONEIDA COUNTY 

in fifth judicial district V 24 

OWYHEE COUNTY 
in third judicial district V 24 

PARDONS 

may be granted IV 7 

PARDONS, STATE BOARD OF 

constitution and powers IV 7 

proceedings IV 7 

PENAL INSTITUTIONS 

change in location X 7 

state may establish X 1 

PENALTIES 

territorial accrue to state .... XXI 3 

POLICE 

importation prohibited XIV 6 

POLICE POWER 

not abridged in favor of corpora- 
tions XI 8 

POLYGAMY 

disqualifies as jurors, electors, etc. 

VI 3 
prohibited I 4 

PRECINCTS 
legislature to provide for . . . .XVIII 5 

PRESENTMENT 

necessary, when I 8 

PRISON COMMISSIONERS 

chairman X 5 

constitution and powers IV 18 

X 5 



2780 



INDEX TO CONSTITUTION 



PROBATE COURTS Art. Sec. 

judicial power vested in V 2 

jurisdiction V 21 

transfer of territorial proceedings 

XXI 18 
PROBATE JUDGES 

election XVIII 6 

PROHIBITION 

Idaho prohibition territory Ill 26 

PROHIBITION, WRITS OF 

supreme court may issue V 9 

PROPERTY 

to be defined and classified . . . .VII 3 
PROSECUTING ATTORNEYS 

election and qualifications V 18 

salary V 18 

legislature may diminish or in- 
crease V 27 

vacancies V 19 

PUBLIC ADMINISTRATORS 

election XVIII 6 

treasurers are ex officio .... XVIII 6 
PUBLIC INSTRUCTION, COUNTY 
SUPERINTENDENTS OF 

election XVIII 6 

salary and qualifications .... XVIII 6 
PUBLIC INSTRUCTION, STATE 
SUPERINTENDENT OF 

executive officer IV 1 

expenses IV 19 

legislature may provide for . .V 27 
member of boards 

board of education IX 2 

land commissioners IX 7 

powers and duties IV 1 

qualifications IV 3 

residence IV 1 

salary IV 19 

legislature may diminish or in- 
crease V 27 

term of office IV 1 

vacancy filled by appointment . . I V 6 
PUBLIC LANDS 

See State Lands 
PUBLIC OFFICERS 

appointment by governor IV 6 

crimes, profit from public money VII 10 

XXI 12 

subject to recall VI 6 

tenure of office under first election 

XXI 13 
territorial, to continue in office XXI 5 
women may hold school offices VI 2 
PUBLIC USES 

development of resources I 14 

rights of way for irrigation and 

mining I 14 

preservation of health I 14 

use of water XV 1 

PUBLIC WORKS 

employment of aliens prohibited 

XIII 4 
protection and hours of labor XIII 2 
PUNISHMENTS 

cruel and unusual prohibited ....I 6 
QUARANTINE 

against diseased live stock. . . .XVI 1 



RAILROAD CORPORATIONS Art. Sec. 
consolidation with foreign .... XI 14 

discriminations prohibited XI 6 

legislative control over rates ... XI 5 
railroads 

are common carriers XI 5 

are highways XI 5 

construction, connections and in- 
tersections XI 5 

retroactive laws prohibited ... .XI 12 

RECALL 

of officers authorized VI 6 

RECOGNIZANCES 

territorial to pass to state .... XXI 4 

REFERENDUM 

power reserved by people . . . .Ill 1 

REFORMATORY INSTITUTIONS 

change in location X 7 

state may establish and support X 1 

RELIGION 

appropriations for, prohibited IX 5 
freedom of exercise guaranteed ... I 4 

XXI 19 
tests not required of teachers, etc 

IX 6 

RELIGIOUS FREEDOM 

guaranty I 4 

XXI 19 

REPRESENTATIVES 

See House of Representatives 

RESERVED RIGHTS 

not impaired I 21 

REVENUE 
See Taxes 

SCHOOL DISTRICTS 

bonds, investments for educational 

funds IX 11 

extraordinary indebtedness . .VIII 3 
money, profit from, prohibited VII 10 
not to loan or give credit . . . .VIII 4 
sectarian appropriations prohibited 

IX 5 

SCHOOL LANDS 

limitations on sale IX 8 

price IX 8 

university land IX 10 

SCHOOLS 

board of education IX 2 

compulsory attendance IX 9 

free IX 1 

religious tests and teachings pro- 
hibited IX 6 

SEARCHES AND SEIZURES 

unreasonable prohibited I 17 

SEAT OF GOVERNMENT 

election to locate X 2 

located at Boise X 2 

SECOND JUDICIAL DISTRICT 

counties comprising V 24 

SECRETARY OF STATE 

countersignature and grants . . IV 16 

custodian of great seal IV 15 

executive officer IV 1 

expenses IV 19 

legislature may provide for . . . V 27 
legislative oaths, of office adminis- 
tered by Ill 25 



2781 



INDEX TO CONSTITUTION 



SECY OF STATE— Cont. Art. Sec 
member of boards 

board of examiners IV 18 

board of pardons IV 7 

land commissioners IX 7 

state board of equalization ..VII 12 

state prison commisioners. . .IV 18 

X 5 
papers filed with 

corporation's acceptance of con- 
stitution XI 7 

proceedings board of pardons IV 7 

qualifications IV 3 

residence IV 1 

salary IV 19 

legislature may diminish ojr in- 
crease V 27 

term of office IV 1 

vacancies filled by appointment IV 6 
SENATE 

consent to appointments 

commissioner of immigration, la- 

. bor and statistics XIII 1 

constitutional offices IV 6 

directors of insane asylums . . X 6 

court of impeachments ... ....V 3 

districts Ill 5 

members 

number and how chosen Ill 2 

privileges Ill 7 

qualifications Ill 6 

term of office Ill 3 

president 

acts as governor IV 14 

legislative oaths of office ....III 25 
president pro tempore 

acts as governor IV 14 

acts as lieutenant governor ..IV 13 
SENATORS 
See Senate 
SHERIFFS 

appointment of deputies ....XVIII 8 

election XVIII * 6 

SHOSHONE COUNTY 

in first judicial district V 24 

SOLDIERS 

not to be quartered 1 12 

SPECIAL LAWS 

prohibited Ill 19 

STATE 

boundaries XVII 1 

claims against, jurisdiction of su- 
preme court V 10 

credit, shall not be given VIII 2 

expenditures not to exceed appro- 
priations VII 11 

extraordinary indebtedness, submis- 
sion to vote VIII 1 

fiscal year VII 1 

indebtedness of municipal corpora- 
tions not to be assumed . . . .XII 3 

inseparable part of union I 3 

limitation on indebtedness . . . .VIII 1 

may not become stockholder . .VIII 2 
money 

how drawn from treasury. . . .VII 13 

profit from, prohibited VII 10 



STATE— Cont. Art. Sec. 

name XVII 1 

property exempt from taxation VII 4 

seat of government X 2 

change in location X 3 

taxes 

maximum rate VII 9 

to be paid in full VII 7 

STATE AUDITOR 

executive officer IV 1 

member of boards 

land commissioners IX 7 

state board of equalization. . .VII 12 

powers and duties IV 1 

qualifications IV 3 

residence IV 1 

salary IV 19 

legislature may diminish or in- 
crease V 27 

term of office IV 1 

vacancies filled by appointment IV 6 

STATE FUNDS 

approved investments IX 11 

STATE INSTITUTIONS 

accounts and reports of officers IV 17 

establishment by state X 1 

investigation and report IV 8 

removal by legislature X 7 

STATE LANDS 

limitations on annual sale IX 8 

location and disposition IX 8 

price 

not to be reduced to settlers . . IX 8 

school lands IX 8 

university lands IX 10 

STATE OFFICERS 

appointment by governor IV 6 

vacancies filled by appointment IV 6 

STATE PRISON 

warden X 5 

STATE PRISON COMMISSION- 
ERS, BOARD OF 

chairman X 5 

constitution and powers IV 18 

X 5 
STATE SCHOOL FUND 

defined IX 4 

loan of, restricted IX 11 

to remain intact IX 3 

STATE TREASURER 

custodian state school fund .... IX 3 

executive officer IV 1 

fees of officers deposited with . . I V 19 
member state board of equalization 

VII 12 

powers and duties IV 1 

qualifications IV 3 

residence IV 1 

salary IV 19 

legislature may diminish or in- 
crease V 27 

term of office IV 1 

vacancies filled by appointment IV 6 

STATE TREASURY 

appropriation necessary for with- 

. drawals VII 13 



2782 



INDEX TO CONSTITUTION 



STATE WARRANTS Art. Sec. 

investments for educational funds 

IX 11 
STATUTES 

amendments to be published ..III 18 

creation of extraordinary debt VIII 1 

emergency clauses Ill 22 

enacting clauses Ill 1 

local laws prohibited Ill 19 

passed by bill Ill 15 

relating to courts to be uniform V 26 
retroactive in favor of corporations 

prohibited XI 12 

revision by title prohibited ....III 18 

signature by presiding officers. .Ill 21 

special laws prohibited Ill 19 

subject to be single Ill 16 

technical terms to be avoided . . Ill 17 

territorial continued in force . . XXI 2 

time of taking effect Ill 22 

title to express subject Ill 16 

STREET RAILROADS 

construction in cities XI 11 

SUFFRAGE 

free exercise guaranteed I 19 

property qualifications prohibited I 20 
qualifications 

additional VI 4 

of electors VI 2 

residence for voting purposes not 

lost or gained VI 5 

SUPREME COURT 
clerk 

appointment and compensation V 15 

vacancies V 19 

constitution V 6 

judicial power vested in V 2 

jurisdiction 

claims against state V 10 

general V 9 

seals, territorial, to be used XXI 17 

terms V 8 

transfer of territorial proceedings 

XXI 16 
SUPREME COURT, JUSTICES OF 
chief justice presides at impeach- 
ment of governor V 4 

compensation V 27 

elected, how V 6 

ineligible to other offices . V 7 

legislative oaths of office adminis- 
tered by Ill 25 

report to governor V 25 

salaries V 17 

term of office V 6 

vacancies V 19 

filled by appointment IV 6 

SURVEYORS 

See County Surveyors 
TAX COLLECTORS 

appointment of deputies ..XVIII 6 

election XVIII 6 

treasurers are ex officio XVIII 6 

TAXES 

corporate property VII 8 

county and municipal not imposed 

by legislature VII 6 



TAXES— Cont. Art. Sec. 

county special VII 15 

duplicate taxation prohibited . .VII 5 
exemptions 

existing, continued VII 5 

provided by legislature VII 2,5 

public property VII 4 

fiscal year VII 1 

legislature to impose VII 2 

legislature to pass laws VII 16 

profit not to be made VII 10 

property to be defined and classified 

VII 3 
state 

maximum rate VII 9 

special for appropriations . .VII 11 

to be paid in full VII 7 

uniformity required VII 5 

TAXING DISTRICTS 

extraordinary indebtedness. . . .VIII 3 

not to loan or give credit VIII 4 

TELEGRAPH AND TELEPHONE 
CORPORATIONS 

consolidation with foreign XI 14 

organization authorized XI 13 

TEMPERANCE 

legislature should further III 24 

TERRITORY 

property and institutions to pass to 

state X 4 

THIRD JUDICIAL DISTRICT 

counties comprising V 24 

TRANSPORTATION CORPORA- 
TIONS 

are common carriers XI 5 

discriminations prohibited ....XI 6 
TREASON 

defined and limited V 5 

effect of conviction V 5 

VI 3 

legislators not privileged from ar- 
rest HI 7 

pardons, how granted IV 7 

TRUSTS 

contracts restraining trade prohib- 
ited XI 18 

UNITED STATES 

Idaho a part I 3 

property exempt from taxation VII 4 

UNIVERSITY LANDS IX 10 

UNIVERSITY OF IDAHO 

lands, price of IX 10 

location and rights confirmed ..IX 10 

regents, powers and duties ....IX 10 
WARDEN STATE PRISON 

appointment X 5 

WARRANT REDEMPTION FUND 

special tax may be levied VII 15 

transfer of funds to VII 15 

WASHINGTON COUNTY 

in third judicial district V 24 

WATER RIGHTS 

appropriation 

priorities recognized XV 3 

right guaranteed XV 3 

dedication XV 4 



2783 



INDEX TO CONSTITUTION 

WATER RIGHTS— Cont. Art. Sec. WATER RIGHTS— Cont. Art. Sec. 

domestic rights preferred XV 3 sales, etc., equivalent to dedication 

eminent domain I 14 XV 4 

mining rights preferred, when. .XV 4 use of water a public use XV 1 

priorities WITNESSES 

among purchasers XV 5 self-criminating testimony I 13 

limitation on rights XV 5 WOMEN 

rates, how established XV 6 electors VI 2 

right to collect rates a franchise XV 2 WORDS AND PHRASES 

corporations* XI 16 



2784 



TABLE OF PARALLEL REFERENCES AND 

OMITTED LAWS. 

Table of Parallel References from the Sections of the Revised Codes, Compiled Laws and 

Subsequent Session Laws to the Corresponding Sections in the 

Compiled Statutes, Including Amended Sections. 



REVISED CODES OF 1908. 

Abbreviations: c, chapter; obs., obsolete; C. L., Compiled Laws; p., page; r., re- 
pealed; ri., repealed by implication; subd., subdivision; s., superseded; unconst., 
unconstitutional. 



R. C. Sec. 


Herein 


R. C. Sec. 


Herein 


R. C. Sec. 


Herein 


1 


1 


23n 


34 


68 


110 


2 


obs. 


23o 


35 


69 


Ill 


3 


9443 


23p 


36 


70 


112 


4 


9444 


23q 


38 


71 


..... 113 


5 


9445 


23r 


; 41 


72 


114 


6 


9446 

9447 


23s 


42 


73 

74 


115 


7 


23t 


43 


116 


8 


9448 


23u 


46 


75 


117 


9 


9449 


23v 


48 


76 


118 


10 


9450 


23w 


50 


77 


119 


11 


9451 


25 


51-4 


78 


120 


12 


9452 


26 


55-65 


79 


121 


13 


9453 


27 


70 


80 


122 


14 


9454 


28 


71 


81 


123 


15 


9455 


29 


1070-1 


82 


124 


16 


9456 


3*0 


1072 


83 


125 


17 


9457 

.9458 subd. 2 


31 


72 


84 

85 


126 


subd.1-65 . 


32 


73 


127 


66 . .. 


1107-9 

.9458subd.2 


32a 


74 


87 

88 


347 


67 ... 


33 


75 


348 


68 ... 


1261-2 


34 


76 


89 


349 


69 ... 


9367-8 


35 


77 


90 


128 


70 ... 


1258-9 


36 


78 


91 


129 


71 ... 


1120-1 


37 


79 


92 


130 


72 ... 


.9458subd.2 


39 


80 


93 


131 


73 ... 


1143-4 


40 


81 


94 


132 


74 ... 


1074-5 


41 


82 


95 


. . . . 133-4 


75 ... 


1076 


42 


83 


96 subds. 1-5 . . . 


..... 135 


76 ... 


1078 


43 


84 


96 subd. 6 


134 


77 ... 


1260 


44 


85 


97 


136 


78-80 . 


.9458subd.2 


45 


86 


98 


137 


81 ... 


1077 


46 


87 


99 


138 


82 ... 


1079 


47 


88 


100 


139 


83-101 


.9458subd.2 


48 


89 


101 


140 


18 


9460 


49 


90 


102 


141 


19 


9461 


50 


91 


103 


142 


20 


9462 


51 


92 


104 


143 


21 


...s.l:3C.L. 


52 


93 


105 


145 


22 


4 


53 


94 


106 


146 


23 


5 


54 


95 


107 ,.. 


147 


23a 


7 


55 


96 


108 


148 


23b 


9 


56 


97 


109 


149 


23c 


10 


57 

58 


98 

99 


110 

111 


150 


23d 


12 


151 


23e 


13 


59 


100 


112 


152 


23f 


14 


60 


101 


113 


153 


23g 


15 


61 

62 


102 

103 


114 

115 


154 


23h 


20 


155 


23i 


22 


63 

64 


104 

105 


116 

117 


156 


23j 


25 


157 


23k 


26 


65 


106 


118 


159 


231 


28 


66 


107 


118a 


160 


23m 


31 


67 


108 


119 


161 



2785 



PARALLEL REFERENCES 



R. C. Sec. Herein 

120 162 

121 163 

122 164 

123 167 

124 r.'19,c.l23 

125 168 

126 169 

127-31 304-27 

132 328 

133 329 

134 330 

135 313 

136 r.l5,c.l68 

137 173 

138 174 

139 175 

140 176 

141 177 

142 178 

143 179 

144 230 

145 231 

146 242 

147 247 

148 248 

149 r.'19,c.8 

150 r.'19,c.8 

151 r.'19,c.8 

152 r.'19,c.8 

153 r.'19,c.8 

154 ...2983 

154a 2989 

155 2990 

156 2991 

157 2984 

158 2985 

159 2986 

160 2988 

161-5 r.'ll,c.228 

166 r.'19,c.8 

167 r.'ll,c.228 

168 r.'19,c.8 

169 s.'ll,c.228 

170 r.'19,c.8 

171 286 

172 287 

173 288 

174 289 

175 290 

176 291 

177 292 

178 293 

179 294 

180 295 

181 296 

182 297 

183 298 

184 299 

185 300 

186 301 

187 302 

188 303 

189 r.'19,c.8 

190 s.ll.c.124 

191 r.'19,c.8 

192 s.'ll,c.l24 



R. C. Sec. Herein 

193 r.19,c.8 

194 s.'ll,c.l24 

195 2651-2,2655,2657 

196 2658,2662 

197 2665 

198 s.'09,p.85 

199 5470 

200 5471 

201 5472 

202 5473 

203 5474 

204 5475 

205 5476 

206 5477 

207 5478 

208 5479 

209 5480 

210 249 

211 188 

212 189 

213 190 

214 191 

215 192 

216 193 

217 194 

218 195 

219 196 

220 197 

221 198 

222 199 

223 200 

224 201 

225 202 

226 203 

227 204 

228 205 

229 206 

230 207 

231 208 

232 209 

233 210 

234-5 r.'15,c.45 

236 211 

237 212 

238 213 

239 214 

240 215 

241 216 

242 217 

243 219 

244 220 

245 221 

246 222 

247 223 

248 224 

249 225 

250 381 

251 382 

252 383 

253 384 

254 385 

255 386 

256 387 

257 388 

258 389 

259 390 

2786 



R. C. Sec. Herein 

260 391 

261 392 

262 393 

263 394 

264 395 

265 396 

266 397 

267 398 

268 399 

269 400 

270 401 

271 402 

272 403 

273 404 

274 405 

275 406 

276 407 

277 408 

278 409 

279 411 

280 412 

281 413 

281a 414 

281b 415 

282 418 

283 419 

284 420 

285 421 

286 422 

287 423 

288 424 

289 425 

290 426 

291 427 

292 428 

293 429 

294 430 

295 431 

296 432 

297 433 

298 434 

299 435 

300 436 

301 437 

302 438 

303 439 

304 440 

305 441 

306 442 

307 443 

308 444 

309 445 

310 446 

311 447 

312 448 

313 449 

314 450 

315 451 

316 452 

317 453 

318 454 

319 455 

320 456 

321 457 

322 458 

322a 459 



REVISED CODES 



R. C. Sec. Herein 

323 460 

324 461 

325 462 

326 464 

327 465 

328 466 

329 467 

330 468 

331 469 

332 470 

333 471 

334 472 

335 473 

336 474 

337 475 

338 476 

339 477 

340 478 

341 479 

342 480 

343 481 

343a 482 

343b 483 

344 488 

345 489 

346 490 

347 491 

348 492 

349 493-4 

350 495 

351 ;. 496 

352 497 

353 498 

354 499 

355 500 

356 501 

357 502 

358 503 

359 504 

360 505 

361 506 

362 507 

363 508 

364 509 

365 510 

366 511 

367 512 

368 513 

369 514 

370 515 

371-81 r.'09,p.l96 

382-92 r.'19,c.l07 

393 561 

394 562 

395-401 563-9 

402 570 

403 571 

404 572 

405 573 

406 574 

407 575 

408 576 

409 577 

410 578 

411 579 

412 580 



R. C. Sec. Herein 

413 581 

414 582 

415 583 

416 584 

417 585 

418 586 

419 , 587 

420 588 

421 589 

422 590 

423 591 

424 592 

425 593 

426 594 

426a 595 

427 596 

428 597 

429 599 

430 600 

431 601 

432 602 

433 603 

434 604 

435 605 

436 606 

437 607 

438 608 

439 623 

440 624 

441 625 

442 626 

443 627 

444 628 

445 629 

446 630 

447 631 

448 632 

449 633 

450 634 

451 635 

452 636 

453 637 

454 638 

455 639 

456 640 

457 641 

458 642 

459 643 

460 644 

461 645 

462 646 

463 647 

464 648 

465 649 

466 650 

467 651 

468 652 

469 653 

470 654 

471 655 

472 656 

473 657 

474 658 

475 659 

476 660 

477 661 

2787 



R. C. Sec. Herein 

478 662 

479 663 

480 664 

481 665 

482 666 

483 667 

484 668 

485 1056 

486 s.'13,c.77 

487 1058 

488 1059 

489 1060 

490 1061 

491 1062 

492 1063 

493 s/13,c.77 

494 s.'13,c.77 

495 1064 

496 1065 

497 1067 

498 1068 

499 1069 

500 1080 

501 s.'13,c.77 

502 1082 

503 1083 

504 t 1084 

505 s.'13,c.77 

506 1085 

507 1086 

508 1087 

509 1088 

510 1089 

511 1090 

512 1091 

513 s.'13,c.77 

514 1092 

515 s.'13,c.77 

516 1093 

517 s.'13,c.77 

518 1095 

519 1096 

520 1097 

521 1098 

522 s.'13,c.77 

523 1099 

524 1100 

525 1101 

526 1102 

527 1103 

528 1104 

529 1105 

530 s.'13,c.77 

531 s.'13,c.77 

532 1106 

533-44 r.'ll,c.l59 

545 1110 

546 s.'13,c.77 

547 1112 

548 1113 

549 1114 

550 1119 

551 1115 

552 s.'13,c.77 

553 1116 

554 1117 



PARALLEL REFERENCES 



R. C. See. Herein 

555-6 s.'13,c.77 

557 1118 

558-64 r.'ll,c.l59 

565 180 

566 i8i 

5G7-9 r/ll,c.l59 

570 182 

571 183 

572-83 r.'ll,c.l59 

584 807 

585 808 

586 809,812 

587 813,815 

588 816 

589 817 

590 818 

591-6 r.'ll,c.l59 

597 820,822 

598 823 

599 819 

600 821 

601 903 

602 904 

603 905-6 

604 907 

605 908 

606 909 

607 910 

608 911 

609 912 

610 913 

611 914 

612 915 

613 916 

614 824 

615 825-8 

616 829 

617 830 

618 831 

619 832 

620 833 

621 874 

622 875-80 

623 882 

624 883 

625 884-92 

626 881,896 

627 897 

628 898 

629 942 

630 943-4 

631 945 

632 r.'09,p.67 

633-7 r.'09,p.21 

638-40 975-7 

641 978 

642 922 

643 923-4 

644 928-9 

645 930 

646 931-5 

647 936 

648 939 

649 940 

650 941 

651 834 



R. C. Sec. Herein 

652 840 

653 841 

654 842-3 

655 844 

656 845 

657 846 

658 847 

659 849 

660 850 

661 851 

662 853 

663 987 

664 988 

665 989 

666 990 

667 1043-4 

668 1046 

669 1047 

670 1048 

671 1049 

672 1032 

673 1033 

674 1034 

675 1035 

676 1036 

677 1037 

678 1038 

679 1039 

680 1040 

681 1041 

682 1042 

683-4 s.'09,p.342 

685 689 

686-94 s/09,p.342 

695 707 

696-738 s. , 09,p.342 

739 745 

740 746 

741 747 

742 748 

743-5 s.'09,p.342 

746 700 

747-8 s/09,p.342 

749 701 

750 s.09,p.342 

751 1155 

752 1156 

753 1157 

754 1161 

755 1162 

756 1163 

757 1164 

758 1165 

759 1166 

760 1167 

761 1168 

762 1169 

763 1170 

764 1171 

765 1172 

766 1173 

767 1174 

768 1175 

769 1176 

770 1177 

771 1178 



R. C. Sec. Herein 

772 1179 

773 1180 

774 1181 

775 J 182 

776 1183 

777 1184 

778 11S5 

779 1186 

780 1187 

781 1188 

782 1189 

783 1190 

784 1196 

785 1197 

786-8 r.'19,c.8 

789 1198 

790 1199 

791 1200 

792 1250 

793 1251 

794 r/19,c.8 

795 1252 

796 1253 

797 1254 

798 ....1255 

799 1256 

800 r.'09,p.379 

801-3 1124-6 

804 1127 

805 1128 

806 s/13,c.77 

807 1130 

808 1131 

809 1132 

810 s/13,c.77 

811 1133 

812 1134 

813 1135 

814 1136 

815 1137 

816 1138 

817 r.'13,c.77 

818 1139 

819 s.'13,c.77 

820 1140 

821 1142 

822 1141 

823 1145 

824 1146 

825 1147 

826 1148 

827 1149 

828 1150 

829 1151 

830 1152 

831 1153 

832 1154 

833 1263 

834 1264 

835 1265 

836 1266 

837 1267 

838 1268 

839 1269 

840 1270 

841 1271 



2788 



REVISED CODES 



R. C. Sec. Herein 

842 1272 

843 1276 

844 1277 

845 1278 

846 1279 

847 1280 

848 1281 

849 1282 

850 1283 

851 1284 

852 1285 

853 1286 

854 1287 

855 1288 

856 1289 

857-62 see 2653-64 

863-6 r.'19,c.l28 

867 1295 

868 1296 

869 . , 1297 

870 1298 

871 1299 

872 1300 

873 1301 

874 1302 

875 1304 

876 1305 

877 1306 

878 1307 

879 1309 

880 1310 

881 1311 

882 1312 

882a 1313 

883 1318 

884 1320 

885 1321 

886 ., 1322 

887 1323 

888 1328 

889 1329 

890 1330 

891 1331 

892 1332 

893 1333 

894 1336 

895 1337 

896 1338 

897 1339 

898-9 r.'ll,c.60 

900 1340 

901 1341 

902 1342 

903-4 r/ll,c.60 

905 1343 

906 r/ll,c.60 

907 ri/ll.c.44 

908 1344 

909-11 r.'ll,c.60 

912 1346 

913 1347 

914 1348 

915 1349 

916-27 r.'ll,c.60 

928 1350 

929 1353 



R. C. Sec. Herein 

930 1354 

931 1355 

932 1356 

933 1357 

934-5 r.'ll,c.60 

936 1358 

937 1359 

938 1360 

939 1361 

940 1362 

941 1363 

942 1364 

943 1366 

944 1367 

945 1368 

946 1369 

947 1370 

948 1371 

949 1372 

950 1373 

951 1374 

952 1375 

953 1379 

954 1380 

955 1381 

956 1382 

957 1383 

958 1384 

959 1385 

960 1386 

961 1387 

962 1388 

963 1389 

964 1393 

965 1394 

966 1395 

967 1396 

968 1397 

969 1398 

970 1399 

971 1400 

972 1401 

973 1402 

974 1403 

975 1404 

976 1405 

977 1406 

978 1407 

979 1408 

980 1409 

981 1410 

982 1411 

983 1412 

984 1413 

985 1414 

986 1415 

987 1416 

988 1417 

989 1418 

990 1419 

991 1420 

992 1421 

993 1422 

994 1423 

995 1424 

996 1425 



R. C. Sec. Herein 

997 1426 

998 1427 

999 1428 

1000 1429 

1001 1430 

1002 1431 

1003 1432 

1004 1433 

1005 1434 

1006 1435 

1007 1436 

1008 1437 

1009 1438 

1010 1439 

1011 1440 

1012 1441 

1013 1442 

1014 1443 

1015 1444 

1016 1445 

1017 1446 

1018 1447 

1019 1448 

1020 1449 

1021 1450 

1022 1451 

1023 1452 

1024 1453 

1025 1454 

1026 1455 

1027 1456 

1028 1457 

1029 1458 

1030 1459 

1031 1460 

1032 1461 

1033 1462 

1034 1463 

1035 1464 

1036 1465 

1037 1467 

1038 1468 

1039-40 ri.'13,c.61 

1041 1469 

1042 1470 

1043 1471 

1044 1472 

1045 1473 

1046 1474 

1047 1475 

1048 1476 

1049 1477 

1050 1478 

1051 1479 

1052 1480 

1053 1481 

1054 1483 

1055 1484 

1056 1485 

1057 1486 

1058 1487 

1059 1488 

1060 1489 

1061 r.'13,c.l79 

1062-4 ri.'13,c.l79 

1065 s.'13,c.l79 



2789 



PARALLEL REFERENCES 



R. C. Sec. Herein 

1066-79 ri.'13,c.l79 

1080 r.'19,c.8 

1081 r.'19,c.8 

1082-4 r.'19,c.8 

1085 1623 

1086 1624 

1087 1648 

1088 1649 

1089 1650 

1090 1651 

1091 1652 

1092 1653 

1093 1654 

1094 r/ll,c.l91 

1095 1655 

1096 1656 

1097 1657 

1098 1660 

1099 1661 

1100 1662 

1101 1663 

1102 1664 

1103 1665 

1104 1666 

1105 1667 

1106 1668 

1107 1669 

1108 1670 

1109-13 r.'09,p.l53 

1112 1659 

1114 1671 

1115 1672 

1116 1673 

1117 r/09,p.231 

1118 r.'19,c.8 

1119 1675 

1120 r.'09,p.231 

1121 1676 

1122 r.'09,p.231 

1123 1677 

1124-6 s.'ll,c.l90 

1127 1730 

1128 1731 

1129 1733 

1130 1734 

1131 1735 

1132 1736 

1133 1737 

1134 1700 

1135 ri.'15,c.28 

1136 1701 

1137 1702 

1138 1703 

1139 1704 

1140 ri.'17,c.l24 

1141-5 s. , ll,c.l96 

1146 1729 

1147 1678 

1148 r.'09,p.231 

1149 1679 

1150 1680 

1151 1681 

1152 1682 

1153-9 r. , 19,c.8 

1160-2 r.'19.c.35 

1163-4 r.'19,c.8 

1165-96 r.'19,c.35 



R. C. Sec. Herein 

1197 1878 

1198 s.'15,c.73 

1199-1200 r.'15,c.73 

1201 s.'13,c.ll0 

1202 1885 

1203 r.'19,c.l86 

1204 1886 

1205-16 r.'19,c.35 

1217 1908 

1218 1909 

1219 1910 

1220 1911 

1221 1914 

1222 1915 

1223 1916 

1224 1917 

1225 1918 

1226 1919 

1227 ri.'19,c.8 

1228 1920 

1229 1921 

1230 1922 

1231 1924 

1232 1925 

1233 .1926 

1234 ...1927 

1235 1928 

1236 1929 

1237 1930 

1238 1931 

1239 1932 

1240 1933 

1241 1934 

1242 1935 

1243 1936 

1244 1937 

1245 1938 

1246 1939 

1247 1940 

1248 1941 

1249 1942 

1250 1943 

1251 r.'19,c.l76 

1252 1944 

1253 1945 

1254 1946 

1255 1947 

1256 1948 

1257 r.'15,c.l34 

1258.' 1950 

1259 1951 

1260 1952 

1261 1953 

1262 1954 

1263 1955 

1264 1956 

1265 1957 

1266 1958 

1267 1959 

1268 1960 

1269 1961 

1270 1962 

1271 1963 

1272 1964 

1273.... 1965 

1274 1966 



R. C. Sec. Herein 

1275 1967 

1276 1968 

1277 1969 

1278 1970 

1279 1971 

1280 1972 

1281 1973 

1282 1974 

1283 1975 

1284 1977 

1285 1978 

1286 1979 

1287 1980 

1288... 1981 

1289 1982 

1290 1983 

1291 1987 

1292.. 1988 

1293 1989 

1294 1990 

1295 1991 

1296 1992 

1297 1993 

1298 1994 

1299 1995-2006 

1300 2007 

1301 2008 

1302.... 2011 

1303 2012 

1304 2013 

1305 2014 

1306 2015 

1307 2016 

1308 2017 

1309 2018 

1310-4 r.'19,c.8 

1315 2063-5 

1316 2066 

1317 r/19,c.8 

1318 2068 

1319. 2069 

1320 2084 

1321 2070 

1322 2071 

1323 2072 

1324 2082 

1325 2074 

1326 2075 

1327 r/09,p.322 

1328 2081 

1329 r.'19,c.8 

1330 2091 

1331 2092 

1332 2093 

1333 2094 

1334 2095 

1335 2096 

1336 2097 

1337 2098 

1338, 2099 

1339 2100 

1340-1 r.'19,c.8 

1342 2103 

1343 r.'19,c.8 

1344 r'13,c.ll3 

1345 2104 



2790 



R. C. Sec. Herein 

1346... 2105 

1347 2106 

1348 2107 

1349 2108 

1350 2109 

1351 2110 

1352 2111 

1353 2112 

1354 2113 

1355 2114 

1356 2115 

1357-9 r.'19,c.8,60 

1360-5 r.'19,c.60 

1366-7 r.'19,c.8 

1368 2137 

1369 2138 

1370 2139 

1371 2140 

1372-84 r.'19,c.34 

1385-8 r.'19,c.8 

1389.., 2172 

1390 2173 

1391 2174 

1392 2175 

1393 2176 

1394 2177 

1395 2178 

1396 ...2179 

1397 2180 

1398 2181 

1399 2182 

1400 2183 

1401 r.'19,c.8 

1402 2234 

1403 2235 

1404 2236 

1405... 2237 

1406 2238 

1407 2239 

1408 2240 

1409 2241 

1410 2242 

1411 2262 

1412 2263 

1413 2264 

1414 2265 

1415 2266 

1416 2267 

1417 2268 

1418 2269 

1419 2270 

1420 2271 

1421 2272 

1422 2273 

1423 r/ll,c.l68 

1424 2274 

1425 2275 

1426 2280 

1427 2281 

1428 2282 

1429 2283 

1430 2284 

1431 2285 

1432 2286 

1433 2287 

1434 2288 

1435 2289 



REVISED CODES 

R. C. Sec. Herein 

1436 2290 

1437 2291 

1438 2292 

1439 2293 

1440 2294 

1441 2295 

1442 2296 

1443 2308 

1444 2309 

1445 2310 

1446 2311 

1447 2312 

1448 2313 

1449 2314 

1450 2315 

1451 2316 

1452 2317 

1453 2318 

1454 2319 

1455 2320 

1456 2321 

1457 2323 

1458-60 unconst. 

1461-2 ..s/ll,c.l31 

1463 2327 

1464 2328 

1465 2329 

1466 1024 

1467 1025 

1468 1026 

1469 1027 

1470 1028 

1471 1029 

1472 1030 

1473 1031 

1474 2335 

1475 2336 

1476 2337 

1476a 2338 

1477 2339 

1478-93 r.'13,c.61 

1494 2341 

1495 2342 

1496 2343 

1497 2344 

1498 2345 

1499 2346 

1500 2347 

1501 2348 

1502 2349 

1503 2350 

1504 2351 

1505 2352 

1506-27 ri.'15,c.28 

1507 2605 

1528-9 2353-4 

1530 2356 

1531 2357 

1532 2358 

1533 2359 

1534 2548 

1535 2549 

1536 2550 

1537 2551 

1538 2552 

1539 2553 

2791 



R. C. Sec. Herein 

1540 2554 

1541-2 2555 

1542 2561 

1543 2573 

1544 2581 

1545 2569 

1546 2582 

1547 2583 

1548 2584 

1549 2585 

1550 2586 

1551 2587 

1552 2588 

1553 2589 

1554 2591 

1555 2593 

1556 2594 

1557 2595 

1558-60 2866-8 

1561 2885 

1562 2886-7 

1563 2888 

1564 2889 

1565 2891 

1566 2892 

1567 2894 

1568 2895 

1569 2902 

1570 2903 

1571 2904 

1572 2905 

1573 2906 

1574 2907 

1575 2908 

1576 2909 

1577 2910 

1578 2912 

1579 2913 

1580 2914 

1581 2916 

1582 2917 

1583 3069 

1584 2918 

1585 2919 

1586 2920 

1587 2956-8,2969-70 

1588 2925 

1589 2926 

1590 2927 

1591 2928 

1592 2929 

1593 2930 

1594 2931 

1595 2932 

1596 2933 

1597 2934 

1598 2935 

1599 2936 

1600 2937 

1601 2938 

1602 2939 

1603 2940 

1604 2941 

1605 2942 

1606 2944 

1607 2945 



Vol. Ill— 7 



PARALLEL REFERENCES 



R. C. Sec. Herein 

1608 2946 

L609 2947 

1610 2948 

1611 2949 

1612 r.'09,p.227 

L613 2996 

1614 2997 

1615 2998 

1616 2999 

1617 3000 

1618 3001 

1619 3002 

1620 3003 

1621 3004 

1622 3005 

1623 3006 

1624 3007 

1625 3008 

1626 3009 

1627 3013 

1628 3014 

1629 3017-28 

1630 3029 

1631 3030 

1632 3031 

1633 3032 

1634 3033 

1635..: 2952 

1636 2953 

1637 2954 

1638 2955 

1639 3086 

1640 2971 

1641 2972 

1642 2373 

1643-1787 r/13,c.58 

1788 3333 

1789-1827 r/13,c.58 

1828 3341 

1829 3342 

1830 3343 

1831 3344 

1832 3345 

1833 3346 

1834 3347 

1835 3348 

1836 3349 

1837 3350 

1838 r/13,c.29 

1839 3351 

1840 3352 

1841 3353 

1842-62 r/12,c.2 

1863 3360 

1864 3361 

1865 3362 

1866 3363 

1867 3364 

1868 3365-6 

1869 3367 

1870 3368 

1871 3369 

1872 3370 

1873 3371 

1874 3372 

1875 3373 



R. C. Sec. Herein 

1876 3374 

1877 3375 

1878 3376 

1879 3377 

1880 3378 

1881 3379 

1882 3380 

1883, 3381 

1884 3382 

1885 3383 

1886 3384 

1887 3385 

1888 3386 

1889 3387 

1890 3388 

1891 3389 

1892 3390 

1893 3391 

1894 3392 

1895 3393 

1896 3394 

1897 3395 

1898 3396 

1899 3397 

1900 3398 

1901 3399 

1902 3400 

1903 3401 

1904 3402 

1905 3403 

1906 3404 

1907 3405 

1908 3406 

1909 3407 

1910 3408 

1911 3409 

1912 3410 

1913 3411 

1914 3412 

1915 3413 

1916 3414 

1917 3415-36,3443 

1918 3450 

1919 3451 

1920 3452 

1921 3453 

1922 3454 

1923 3455 

1924 3456 

1925 3457 

1926 3458 

1927 3459 

1928 3460 

1929 3461 

1930 3462 

1931 3463 

1932 3464 

1933 3465 

1934 3466 

1935 3475 

1936 3476 

1937 3477 

1938 3478 

1939 ri.'15,c.73 

1940 3479 

1941 3480 



R. C. Sec. Herein 

1942 3481 

1943 3502 

1944 3503 

1945 3504 

1946 3505 

1947 3506 

1948 3507 

1949 3508 

1950 3509 

1951 3510 

1952 3511 

1953 3512 

1954 3513 

1955 3514 

1956 3515 

1957 3516 

1958 3517 

1959.. 3518 

1960 3519 

1961 3520 

1962 3521 

1963 3522 

1964 3523 

1965 3524 

1966 3525 

1967 3526 

1968 3527 

1969.... 3528 

1970 3529 

1971 3530 

1972 3531 

1973 3543 

1974 3544 

1975 3545 

1976 3546 

1977 3547 

1978 3548 

1979 3549 

1980 3550 

1981 3551 

1982. 3552 

1983 3553 

1984 3554 

1985 3555 

1986 3556 

1987 3557 

1988 3558 

1989 3560 

1990 3561 

1991 3562 

1992 3564 

1993 3565 

1994 3566 

1995 3567 

1996 3568 

1997 3569 

1998 3570 

1999 3571 

2000 3572 

2001 3573 

2002 3574 

2003 3575 

2004 3576 

2005 3577 

2006 3578 

2007 3579 



2792 



REVISED CODES 



R. C. Sec. Herein 

2008 3580 

2009 3581 

2010 3582 

2011 3583 

2012 3584 

2013 3585 

2014 3586 

2015 3587 

2016 3588 

2017 3589 

2018 3590 

2019 3591 

2020 3592 

2021 3593 

2022 3594 

2023 3595 

2024 3596 

2025 3597 

2026 3598 

2027 3599 

2028 3600 

2029 3601 

2030 3602 

2031 3603 

2032 3604 

2033 '. 3605 

2034 3606 

2035 3607 

2036 3608 

2037 3609 

2038 3610 

2039 3611 

2040 3612 

2041 3613 

2042 3614 

2043 3615 

2044 3616 

2045 3617 

2046 3618 

2047 3619 

2048 3620 

2049 3621 

2050 3622 

2051 3623 

2052 3624 

2053 3625 

2054 3626 

2055 3627 

2056 3628 

2057 3629 

2058 3630 

2059 3631 

2060 3632 

2061 3633 

2062 3634 

2063 3636 

2064 3637 

2065 3638 

2066 3639 

2067 3640 

2068 3641 

2069 3642 

2070 3643 

2071 3644 

2072 3645 

2073 3646 



R. C. Sec. Herein 

2074 3647 

2075 3648 

2076 3649 

2077 3650 

2078 3651 

2079 3563,3652 

2080 ...3653 

2081 3654 

2082 3655 

2083 3656 

2084 3657 

2085 3658 

2086 8859 

2087 3666 

2088 3667 

2089 3668 

2090 3669 

2091 3670 

2092 3671 

2093 3672 

2094 3673 

2095 3674 

2096 3675 

2097 3676 

2098 3677 

2099 3678 

2100 3679 

2101 3680 

2102 3681 

2103 3682 

2104 3683 

2105 3684 

2106 3685 

2107 3686 

2108 3687 

2109 3688 

2110 3689 

2111 3690 

2112 3691 

2113 3692 

2114 3693 

2115 3694 

2116 3695 

2117 3696-7 

2118 3699 

2119 3700 

2120 3701 

2121 3702 

2122 3704 

2123 3705 

2124 3706,3708 

2125 3709 

2126 3710 

2127 3711 

2128 3712 

2129-29a 3713,3714 

2130 3715 

2131 3716 

2132 3717 

2133 3718 

2134 3719 

2135 3720 

2136 3721 

2137 3722 

2138 3723 

2139 3724 

2793 



R. C. Sec. Herein 

2140 3725 

2141 3726 

2142 3727 

2143 3728 

2144 3729 

2145 3730 

2146 3731 

2147 3764 

2148 3765 

2149 3766 

2150 3767 

2151 3768 

2152 3769 

2153 3770 

2154 3771 

2155 3772 

2156 3773 

2157 3774 

2158 3775 

2159 3776 

2160 3777 

2161 3778 

2162 3779 

2163 3780 

2164 3781 

2165 3782 

2166 3783 

2167 3784 

2168 3785 

2169 3786 

2170 3848 

2171 3849 

2172 3850 

2173 3851 

2174 3852 

2175 3853 

2176 3854 

2177 3855 

2178 3856 

2179 3857 

2180 3858 

2181 3859 

2182 3860 

2183 3861 

2184 3862 

2185 3863 

2186 3864 

2187 3865 

2188 3866 

2189 3867 

2190 3868 

2191 3869 

2192 3870 

2193 3871 

2194 3872 

2195 3873 

2196 3874 

2197 3875 

2198 3876 

2199 3877 

2200 3878 

2201 3879 

2202 3880 

2203 3881 

2204 3882 

2205 3883 



PARALLEL REFERENCES 



R. C. Sec. Herein 

2206 3884 

2207 3885 

2208 3886 

2209 3887 

2210 3888 

2211 3889 

2212 3890 

2213 3891 

2214 3892 

2215 3893 

2216 3894 

2217 3895 

2218 3896 

2219 3897 

2220 3898 

2221 3899 

2222 3900 

2223 3901 

2224 3902 

2225 3903 

2226 3904 

2227 3905 

2228 3906 

2229 3907 

2230 3908 

2231 3909 

2232 3910 

2233 3911 

2234 3912 

2235 3913 

2236 3929 

2237 3930 

2238 3940-72 

3999-4020 
4023-6, 4043, 4063 

2239 3974 

2240 rill,c.44 

2241 3975 

2042-4 3976-80 

2245.. 4029 

2246 4030 

2247 4031 

2248 4032 

2249 4033 

2250 4034 

2251 4035 

2252 4036 

2253 4037 

2254 4038 

2255 4039 

2256 4040 

2257 4041 

2258 4042 

2259 4044 

2260 4045 

2261 4046 

2262 4047 

2263 4048 

2264 4049 

2265 4050 

2266 4051 

2267 4052 

2268 4053 

2269 4055 

2270 4056 

2271 4057 



R. C. Sec. Herein 

2272 4058 

2273 4059 

2274 4060 

2275 4061 

2276 4062 

2277 4064 

2278 4065 

2279 4066 

2280 4067 

2281 4068 

2282 4069 

2283 4070 

2284 4071 

2285 4072 

2286 4073 

2287 4074 

2288 4075 

2289 4076 

2290 4077 

2291 4078 

2292 4079 

2293 4080 

2294 4081 

2295 4082 

2296 4083 

2297 4084 

2298 4085 

2299 4086 

2300 4087 

2301 4088 

2302 4089 

2303 4090 

2304 4091 

2305 4092 

2306 4093 

2307 4094 

2308 4095 

2309 4096 

2310 4097 

2311 4098 

2312 r.'13.c.58 

2313 4099 

2314 4100 

2315 4109 

2316 4114 

2317 4115 

2318 4116 

2319 4117 

2320 4118 

2321 4119 

2322 4120 

2323-41 r.'ll^.Sl 

2342 4121-3 

2343 4124 

2344-52 r.'17,c.39 

f 4125-52 
2353 \ 4156 

[4160 

2354-5 r.'17,c.39 

2356 4155 

2357 r.'17,c.39 

2358 4157 

2359 4158 

2360 4159 

2361 4161 

2362 4162 

2794 



R. C. Sec. Herein 

2363 4163 

2364 4164 

2365 4165 

2366 4166 

2367 4167 

2368 4168 

2369 4169 

2370 4170 

2371 4171 

2372 4313 

2373 4314 

2374 4315-21 

2375 4322-3 

2376 4324-5 

2377 4326-9,4480 

2378 4330-1 

2379 4335 

2380. 4336-8 

2381 4339 

2382 4340 

2383 4341 

2384 4342 

238,5 4343-5 

2386 4346,4468,4469 

4475, 4477, 4482 

2387 * 4350,4479 

2388 4351 

2389... 4352 

2390 4353 

2391 4354 

2392 4355 

2393 4356 

2394 4357 

2395 4358 

2396 4359,4473 

2397 4360,4474 

2398 4471,4477,4478 

4481, 4485-6 

2399 4362 

2400 4363 

2401 4364 

2402 4365 

2403 4366 

2404 4367,4475 

2405 4369,4371 

2406 4370 

2407 4384 

2408 4385 

2409 4386 

2410 4387,4482 

2411 4388,4483 

2412 4389,4484 

2413 4390 

2414 4391-2 

2415 4401 

2416 4403,4470 

2417 4405 

2418 4406 

2419 4407 

2420 4408 

2421 4409 

2422 4410 

2423 4411 

2424 4412 

2425 4413 

2426 4414 



REVISED CODES 



R. C. Sec. Herein 

2427 4415 

2428 4416 

2429 4417 

2430 4418 

2431 4419 

2432 4420 

2433 4421 

2434 4422 

2435 4423-4 

2436 4424 

2437 4425-7 

2438 4436-40 

2439 4402 

2440 4443 

2441 4444 

2442 4445 

2443 4446 

2444-83 s.'13,c.16-7 

2600 s.C.L.l:3 

2601 4583 

2602 4584 

2603 4585 

2604 .' 4586 

2605 4587 

2606 4588 

2607 4589 

2608 4590 

2609-10 r.'13,c.98 

2611. 4591 

2612 4592 

2613 4593 

2614 4594 

2615 4595 

2616 4596 

2617 4597 

2618 4598 

2619 4599 

2620 4600 

2621 4601 

2622 4602 

2623 4603 

2624 4604 

2625 4605 

2626 4606 

2627 4607 

2628 4608 

2629 4609 

2630 4610 

2631 4611 

2632 4612 

2633 4613 

2634 4614 

2635 4615 

2636 4616 

2637 4617 

2638 4618 

2639 4619 

2640 4620 

2641 4621 

2642 4622 

2643 4623 

2644 4624 

2645 4625 

2646 4626 

2647 4627 

2648 4628 



R. C. Sec. Herein 

2649 4629 

2650 4630 

2651 4631 

2652 4632 

2653 4633 

2654 4634 

2655 4635 

2656 4636 

2657 4637 

2658 4638 

2659 4639 

2660 4640 

2661 .4641 

2662 4642 

2663 4643 

2664 4644 

2665 4645 

2666 4646 

2667 4647 

2668 4648 

2669 4649 

2670 4650 

2671 4651 

2672 4652 

2673 4653 

2674 4654 

2675 , 4655 

2676 4656 

2677 4657 

2678 4658 

2679 4659 

2680 4660 

2681 4661 

2682 4662 

2683 4663 

2684 4664 

2685 4665 

2686 4666 

2687 4668 

2688 4669 

2689 4670 

2690 4671 

2691 4672 

2692 4673 

2693 4674 

2694 4675 

2695 4676 

2696 4677 

2697 4678 

2698 4679 

2699 4680 

2700 4682 

2701 4683 

2702 4684 

2703 4685 

2704 4686 

27-05 4687 

2706 4688 

2707 4689 

2708 4690 

2709 4691 

2710 4692 

2711 4693 

2712 4694 

2713 4695 

2714 4696 

2795 



R. C. Sec. Herein 

2715 4697 

2716 4698 

2717... 4699 

2718 4700 

2719 4701 

2720 4703 

2721 4704 

2722 4705 

2723 4706 

2724 4707 

2725 4708 

2726 4709 

2727 4710 

2728 4711 

2729 4712 

2730 4713 

2731 4714 

2732 4715 

2733 4716 

2734 4717 

2735 4718 

2736 4719 

2737 4720 

2738 4721 

2739 4722 

2740 4723 

2741 4724 

2742 4725 

2743 4726 

2744 4727 

2745 4728 

2746 4729 

2747 4730 

2748 4731 

2749 4732 

2750 4733 

2751 4734 

2752... 4735 

2753 4736 

2754 4737 

2755 4738 

2756 4739 

2757 4740 

2758 4741 

2759 4742 

2760.. 4743 

2761 4744 

2762 4745 

2763 4746 

2764 4747 

2765 4748 

2766 4749 

2767 4750 

2768 4751 

2769 4752 

2770 4753 

2771 4754 

2772 4755 

2773 4756 

2774 4757 

2775 4758 

2776 4759 

2777 4760 

2778 4761 

2779 4762 

2780.. 4763 



PARALLEL REFERENCES 



R. C. Sec. Herein 

2781 4764 

2782 4765 

2783 4766 

2784 4780 

2785 4781-2 

2786 r.'12,c.6 

2787 4767 

2788 4768 

2789 4769 

2790 4770 

2791 4771 

2792 4772-79 

2793 4793 

2794 4794 

2795 4795 

2796 4796 

2797 4797 

2798 4798 

2799 4799 

2800 4800 

2801 4801 

2802 4802 

2803 4803 

2804 4804 

2805 4805 

2806 4806 

2807 4807 

2808 4808 

2809 4809 

2810 4810 

2811 4811 

2812 4812 

2813 4813 

2814 r.'ll,c.223 

2815 4814 

2816 4815 

2817 4816 

2818 4817 

2819 4818 

2820 4819 

2821 4820 

2822 4821 

2823 4822 

2824 4823 

2825 4824 

2826 4825 

2827 4826 

2828 4827 

2829 4828 

2830 4829 

2831 4830 

2832 4831 

2833 4832 

2834 4833 

2835 4834 

2836 4835 

2837 4836 

2838 4842 

2839 r.'13,c.61 

2840 4843 

2841 4844 

2842 4845 

2843 4846 

2844 4847 

2845 4848 

2846 4849 



R. C. Sec. Herein 

2847 4850 

2848 4851 

2849 4852 

2850 4853 

2851 4854 

2852 4855 

2853 4856 

2854 i 4857 

2855-88 r. , ll,c.228 

2889-2904 r.'ll,c.225 

2905-37 r.'ll,c.228 

2938-60 5103-20 

2961 4858 

2962 4859 

2963 4860 

2964 4861 

2965 4862 

2966 4863 

2967 4864 

2968 5212 

2969-72 s.'ll,c.l24 

2973 5218 

2974 5219 

2975 s.'ll,c.l24 

2976 5245 

2977 5246 

2978 s.'ll,c.l24 

2979 5247 

2980 5249 

2981 5271 

2982-84 s.'ll,c.l24 

2985 5291 

2986 s.'ll,c.l24 

2987 5260 

2988 s.'ll,c.l24 

2989... 5257 

2990 5285 

2991-2 5227-8 

2993 5229 

2994-7 s.'ll,c.l24 

2998 5252 

2999 s.'ll,c.l24 

3000 5206 

3001-3 s. , ll,c.l24 

3004 5292-3 

3005 5294 

3006-7 s.'ll,c.l24 

3008 5205 

3009-10 s.Tl,c.l24 

3011 4870 

3012 4871 

3013 4874 

3014 4875 

3015 r.'ll,c.l65 

3016 4876 

3017 4877 

3018 4879 

3019 4880 

3020 4881 

3021 4882 

3022 4883 

3023 4884 

3024 4885 

3025 4886 

3026 4887 

3027 4888 

2796 



R. C. Sec. 
3028 


Herein 
4889 


3029 


4890 


3030 


4891 


3031 


4892 


3032 


4893 


3033. , 


. .4894 


3034 


4895 


3036 


4897 


3037 


4898 


3040 
3041 


unconst. 

4901 


3042 


4902 


3043 


4903 


3044 


4904 


3045. , 


4905 


3046 


4906 


3047 


4907 


3048 


4908 


3049 


4909 


3050 


4910 


3051 


4911 


3052 


4912 


3053 


4913 


3054 


4914 


3055 . 


4915 


3056 


5325 


3057 


5326 


3058 


5327 


3059 


5328 


3060 
3061 


.duplicate 4660 
5329 


3062 


5330 


3063 


5331 


3064 


5332 


3065 


5333 


3066 


5334 


3067 


5335 


3068. 


5336 


3069 


5337 


3070 


5338 


3071 


5339 


3072 


5340 


3073 . 


5341 


3074 


5342 


3075 


5343 


3076 


5344 


3077 


5345 


3078 


5346 


3079 


5347 


3080 


5348 


3081 


5349 


3082 


5350 


3083 


5351 


3084 


5352 


3085 


5353 


3086 


5354 


3087 


5355 


3088 


5356 


3089 


5357 


3090 


5358 


3091 


5359 


3092 


5360 


3093 


5361 



REVISED CODES 



R. C. Sec. Herein 

3094 5362 

3095 5363 

3096 5364 

3097 5365 

3098 ". 5366 

3099 5367 

3100 5368 

3101., 5369 

3102 5370 

3103 5371 

3104 5372 

3105 5373 

3106 i. .s.'15,c.75 

3107-9 r.'13,c.l05 

3110 5374 

3111 5375 

3112 5376 

3113 5377 

3114 5378 

3115 5379 

3116 5380 

3117 5381 

3118 5382 

3119 5383 

3120 5384 

3121 5385 

3122 5386 

3123 5387 

3124 5388 

3125 5389 

3126 .5390 

3127 5391 

3128 5392 

3129 5393 

3130 5394 

3131 5395 

3132 5396 

3133 5397 

3134 5398 

3135 5399 

3136 5400 

3137 5401 

3138 5402 

3139 5403 

3140 5404 

3141 5405 

3142 5406 

3143 5407 

3144 5408 

3145 5409 

3146 5410 

3147 5411 

3148 5412 

3149 5413 

3150 5414 

3151 5415 

3152 5416 

3153 5417 

3154 5418 

3155 5419 

3156 5420 

3157 5421 

3158 5422 

3159 5423 

3160 5424 

3161 5425 



R. C. Sec. Herein 

3162 5426 

3163 5427 

3164 5428 

3165 5429 

3166 5430 

3167 5431 

3168 5432 

3169 .5433 

3170 5434 

3171 5435 

3172 5436 

3173 5437 

3174 5438 

3175 5439 

3176 5440 

3177 5441 

3178 5442 

3179 5443 

3180 5444 

3181 5445 

3182 5446 

3183 5447 

3184 5448 

3185 5449 

3186 5450 

3187 5451 

3188 5452 

3189 5453 

3190 5454 

3191 5455 

3192 5456 

3193 5457 

3194 5458 

3195 5459 

3196 5460 

3197 5461 

3198 5462 

3199 5463 

3200. 5464 

3201 5465 

3202 5466 

3203 5467 

3204 5468 

3205 5469 

3206 5520 

3207 5521 

3208 5522 

3209 5523 

3210 5524 

3211 5525 

3212 5526 

3213 5527 

3214 5528 

3215 5529 

3216 5530 

3217 5531 

3218 5532 

3219 5533 

3220 5534 

3221 5535 

3222 5536 

3223 5537 

3224 5538 

3225 5539 

3226 5540 

3227 5541 



R. C. Sec. Herein 

3228 5542 

3229 5543 

3230 5544 

3231 5545 

3232 5546 

3233 5547 

3234 5548 

3235 5549 

3236 5550 

3237 5551 

3238 5552 

3239 5553 

3240 5556 

3241 5557 

3242 5558 

3243 5559 

3244 5560 

3245 5561 

3246 5562 

3247 5563 

3248 5564 

3249 5565 

3250 5566 

3251 5567 

3252 5568 

3253 5569 

3254 5570 

3255 5571 

3256.. r.'09,p.299 

3257 5574 

3258 5575 

3259 5576 

3260 5577 

3261 5579 

3262 5580 

3263 5581 

3264 5582 

3265 5583 

3266 5604 

3268 5605 

3269-73 r.'15,c.34 

3274 5608 

3275 5609 

3276 5610 

3277 5611 

3278 5612 

3279 5613 

5280 5614 

3281 5615 

3282 5616-19 

3283 5606 

3284 5626 

3285 5627 

3286 5628 

3287 5629 

3288 5630-2 

3289 5636 

3290 5637 

3291 5638 

3292 5639 

3293 5640 

3294 5641 

3295 5642 

3296 5643 

3297 5644 

3298 5645 



2797 



PARALLEL REFERENCES 



R. C. Sec. Herein 

3299 5646 

3300 5647 

3301 5648 

3302 5649 

3303 5650 

3304 5651 

3305 5653 

3306 5654 

3307 5655 

3308 5656 

3309 5657 

3310 5658 

3311 5659 

3311a 5660 

3312 5661 

3313 5662 

3314 5663 

3315 5664 

3316 5665 

3317 5666 

3318 5667 

3319 5668 

3320 5669 

3321 5670 

3322 5671 

3323 5672 

3324-31 r.'19,c.l49 

3332-5 5752-6 

3336 5757 

3337 5758 

3338 5759 

3339 5760 

3340 5761 

3341 5762 

3342 5763 

3343 5764 

3344 5765 

3345 5766 

3346 5767 

3347 5768 

3348 5769 

3349 5770 

3350 5771 

3351 5772 

3352 5773 

3353 5774 

3354 5775 

3355 5776 

3356 5777 

3357 5778 

3358 5779 

3359 5780 

3360 5781 

3361 5856 

3362 5857 

3363 5858 

3364 5859 

3365 5860 

3366 5861 

3367 5862 

3368 5863 

3369 5864 

3370 5865 

3371 5866 

3372 5867 

3373 6340 



R. C. Sec. Herein 

3374 6341 

3375 6342 

3376 6343 

3377 6344 

3378 6345 

3379 6346 

3380 6347 

3381 6348 

3382 6349 

3383 6350 

3384 6351 

3385 6352 

3386 6353 

3387 6354 

3388 6355 

3389 6356 

3390 6357 

3391 6358 

3392 6359 

3393 6360 

3394 6361 

3395 6362 

3396 6363 

3397 6364 

3398 6365 

3399 6366 

3400 6367 

3401 6368 

3402 6369 

3403 6370 

3404 6371 

3405 6372 

3406 6373 

3407 6374 

3408 6375 

3409 6376 

3410 6377 

3411 6378 

3412 6379 

3413 6380 

3414 6381 

3415 6382 

3416 6383 

3417 6384 

3418 6385 

3419 6386 

3420 6387 

3421 6388 

3422 6389 

3423 6390 

3424 6391 

3425 6392 

3426 v 6393 

3427 6394 

3428 6395 

3429 6396 

3430 6397 

3431 6398 

3432 6399 

3433.... 6400 

3434 6401 

3435 6402 

3436 6403 

3437 6404 

3438 6405 

3439 6406 



R. C. Sec. Herein 

3440 6407 

3441 6408 

3442 6409 

3443 6410 

3444 r.'19,c.l49 

3445 6411 

3446 6412 

3447 6413 

3448 6414 

3449 6415 

3450 6416 

3451 1906 

3452-7 r.'09,p.211 

3458 5868 

3459 5869 

3460 5870 

3461 5871 

3462... 5872 

3463 5873 

3464 5874 

3465 * 5875 

3466 5876 

3467 5877 

3468 5878 

3469 5879 

3470 5880 

3471 5881 

3472 5882 

3473 5883 

3474 5884 

3475 5885 

3476 5886 

3477... 5887 

3478 5888 

3479 5889 

3480 5890 

3481 5891 

3482 5892 

3483 5893 

3484 5894 

3485.... 5895 

3486 5896 

3487 5897 

3488 5898 

3489 5899 

3490 5900 

3491 5901 

3492 5902 

3493 5903 

3494 5904 

3495 5905 

3496 5906 

3497 5907 

3498 5908 

3499 5909 

3500 5910 

3501 5911 

3502 5912 

3503 5913 

3504.. 5914 

3505 5915 

3506 5916 

3507 5917 

3508 5918 

3509 5919 

3510 5920 



2798 



REVISED CODES 



R. C. Sec. Herein 

3511 5921 

3512 5922 

3513 * 5923 

3514 5924 

3515 5925 

3516 5926 

3517 5927 

3518 5928 

3519 5929 

3520 5930 

3521 5931 

3522 5932 

3523 : ,.5933 

3524 5934 

3525 5935 

3526 5936 

3527 5937 

3528 5938 

3529 5939 

3530 5940 

3531 5941 

3532 5942 

3533 5943 

3534 5944 

3535 5945 

3536 5946 

3537 5947 

3538 5948 

3539 5949 

3540 5950 

3541 5951 

3542 5952 

3543 5953 

3544 5954 

3545 5955 

3546 5956 

3547 5957 

3548 5958 

3549 5959 

3550 5960 

3551 5961 

3552 5962 

3553 5963 

3554 5964 

3555 5965 

3556 5966 

3557 5967 

3558 5968 

3559 5969 

3560 5970 

3561 5971 

3562 5972 

3563 5973 

3564 5974 

3565 5975 

3566 5976 

3567 5977 

3568 5978 

3569 5979 

3570 5980 

3571 5981 

3572 5982 

3573 5983 

3574 5984 

3575 5985 

3576 5986 



R. C. Sec. Herein 

3577 5987 

3578 5988 

3579 5989 

3580 5990 

3581 5591 

3582 5992 

3583 5993 

3584 5994 

3585 5995 

3586 5996 

3587 5997 

3588 5998 

3589 5999 

3590 6000 

3591 6001 

3592 6002 

3593 6003 

3594 .6004 

3595 6005 

3596 6006 

3597 6007 

3598 6008 

3599 6009 

3600 6010 

3601 6011 

3602 6012 

3603 6013 

3604 6014 

3605 6015 

3606 6016 

3607 6017 

3608 6018 

3609 6019 

3610 6020 

3611 6021 

3612 6022 

3613 6023 

3614 6024 

3615 6025 

3616 6026 

3617 6027 

3618 6028 

3619 6029 

3620 6030 

3621 6031 

3622 6032 

3623 6033 

3624 6034 

3625.., 6035 

3626 6036 

3627 6037 

3628 6038 

3629 6039 

3630 6040 

3631 6041 

3632 6042 

3633 6043 

3634 6044 

3635 6045 

3636 6046 

3637 6047 

3638 6048 

3639 6049 

3640 6050 

3641 6051 

3642 6052 

2799 



R. C. Sec. Herein 

3643 6053 

3644 6054 

3645 6055 

3646 6056 

3647 6057 

3648 6058 

3649 6059 

3650 6060 

3651 6061 

3652 obs. 

3653 6062 

3654 ...6063 

3655 6064 

3656 6420 

3657 6421 

3658 6426 

3659 6427 

3660 6428 

3661 6429 

3662 6430 

3663 6431 

3664 6432 

3665 6433 

3666 6434 

3667 6435 

3668 6436 

3669 6437 

3670 6438 

3800 s.l:3 C.L. 

3801 6439 

3810 6440 

3811 6441 

3814 6442 

3815 6443 

3816 6444 

3817 6445 

3818 6446 

3819 6447 

3820 ...6448 

3821.... 6449-51 

3822 6452 

3823 ...6453 

3829 6454-5 

3830 6457 

3831 6458 

3832 6459 

3833 6460 

3834 6461 

3835 6462 

3836 6463 

3840 6465 

3841 6466 

3842 ....6467 

3843 6468 

3844 6469 

3850 6470 

3851 6471 

3852 6472 

3853 6473 

3854 6474 

3860 6475 

3861 6476 

3862 6477 

3863 6478 

3864 6479 

3865 6480 



PARALLEL REFERENCES 



R. C. Sec. Herein 

3866 6481 

3867 6482 

3868 6483 

1 6484 

3870 6485 

3871 6486 

3872 6487 

3873 6488 

3874 6489 

3875 6490 

3885 6491 

3886 6492 

3890 6493 

3891 6494 

3892 6495 

3893 6496 

3894 6497 

3895 6498 

3900 6499 

3901 8500 

3902 6501 

3903 6502 

3911 6503 

3912 6504 

3913 6505 

3920 6506 

3921 6507 

3922 6508 

3923 6509 

3924 6510 

3925 6511 

3935 6512 

3936 6513 

3937 6514 

3938 6515 

3939 6516 

3940 6517 

3941 6513 

3942 6519 

3943 6520 

3944 6521 

3945 6522 

3946 6523 

3947 6524 

3948 6525 

3949 6526 

3950 6527 

3951 6528 

3952 6529 

3953 6530 

3954 6531 

3955 6532 

3956 6533 

3957 ...6534 

3958 6535 

3959 6536 

3060 6537 

3961 6538 

3962 6539 

3963 ...6540 

3964 6541 

3965 6542 

3966 6543 

3967 6541 

3968 6545 

3969 6546 

3970 6547 



R. C. Sec. Herein 

3971 6548 

3972 6549 

3973 6550 

3974 6551 

3975 6552 

3980 6556 

3981 6557 

3982 6558 

3983 6559 

3984 6560 

3985 '. 6561 

3986 6562 

3987 6563 

3988 6564 

3990 6565 

3991 6566 

3992 6567 

3993 .6568 

3994 6569 

3995 6570 

3996 6571 

3997 6572 

3998 6573 

3999 6574 

4000 6575 

4001 6577 

4002 6578 

4003 6579 

4004 6580 

4005 6581 

4006 6582 

4007 6583 

4008 6584 

4009 6585 

4010 6586 

4011 6587 

4012 6588 

4013 6589 

4014 6590 

4020 6591 

4021 6592 

4022 6593 

4030 6594 

4035 6595 

4036 6596 

4037 6597 

4038 6598 

4039 6599 

4040 6600 

4041 6601 

4042 6602 

4043 ,...6603 

4044 6604 

4045 6605 

4046 6606 

4050 6607 

4051 6608 

4052 6609 

4053 6610 

4054 6611 

4055 6612 

4056 6613 

4057 6614 

4058 6615 

4059 6616 

4060 6617 

4061 6618 

2800 



R. C. Sec. Herein 

4062 6619 

4063 6620 

4068 6621 

4069 6622 

4070 6623 

4071 6624 

4072 6625 

4073 6626 

4074 6627 

4075 6628 

4076 6629 

4077 6630 

4078 6631 

4079 6632 

4080 6633 

4090 6634 

4091 6635 

4092... 6636 

4093 6637 

4094 6938 

4095 6639 

4096 6640 

4097 6641 

4098 6642 

4099 6643 

4100 6644 

4101 6645 

4102 . 6646 

4103 6647 

4104 6648 

4105 6649 

4106 6650 

4107 6651 

4108 6652 

4109 6653 

4110 6654 

4111 6655 

4112 6656 

4113 6657 

4114 6658 

4115.. 6659 

4116 6660 

4120 6661 

4121 6662 

4122 6663 

4123 6664 

4124 6665 

4125 6666 

4126 6667 

4127 6668 

4128 6669 

4138 6670 

4139 6671 

4140 6672 

4141 6673 

4142 6674 

4143 6675 

4144 6676 

4145 6677 

4146... 6678 

4147 6679 

4148 ....6680 

4149 6681 

4160 6683 

4161 6684 

4162 6685 



REVISED CODES 



R. C. Sec. Herein 

4167 6686 

4168 , 6687 

4169 6688 

4174 6689 

4175 6690 

4176 6691 

4177 6692 

4178 6693 

4183 6694 

4184 6695 

4185 6696 

4186 6697 

4187 6698 

4188 6699 

4193 6700 

4194 6701 

4198 6702 

4199 6703 

4200 6704 

4201 6705 

4202 6706 

4207 6707 

4208 6708 

4209 6709 

4210 6710 

4211 6711 

4212 6712 

4213 6713 

4214 6714 

4215 6715 

4216 ..6716 

4217 6717 

4218 6718 

4219 6719 

4220.1 6720 

4221 6721 

4225 6722 

4226 6723 

4227 6724 

4228 6725 

4229 6726 

4230 6727 

4231 6728 

4240 6729 

4241 6730 

4242 6731 

4243 6732 

4244 6733 

4245 6734 

4246 6735 

4247 6736 

4248 6737 

4249 6738 

4250 6739 

4251 6740 

4252 6741 

4253 6742 

4254 6743 

4255 6744 

4256 6745 

4257 6746 

4258 6747 

4259 6748 

4260 6749 

4261 6750 

4262 6751 



R. C. Sec. Herein 

4263 6752 

4264 6753 

4265 6754 

4266 6755 

4271 6756 

4272 6757 

4273 6758 

4274 6759 

4275 6760 

4276 6761 

4277 6762 

4278 6763 

4279 6764 

4280 6765 

4281 6766 

4282 6767 

4287 6768 

4288 6769 

4289 6770 

4290 6771 

4291 6772 

4292 6773 

4293 6774 

4294 6775 

4295 6776 

4296 6777 

4297 6778 

4302 6779 

4303 6780 

4304 6781 

4305 6782 

4306 6783 

4307 6784 

4308 6785 

4309 6786 

4310 6787 

4310a 6788 

4310b 6789 

4310c 6790 

4310d 6791 

4310e 6792 

4310f 6793 

4310g 6794 

4310h 6795 

4310 i 6796 

4310j 6797 

4310k 6798 

43101 6799 

4310m 6800 

4310n 6801 

4311 6802 

4312 6803 

4313 6804 

4314 6805 

4315 6806 

4316 6807 

4317 ,..6808 

4318 6809 

4319 6810 

4320 6811 

4321 6812 

4322 6813 

4323 6814 

4324 6815 

4325 6816 

4329 6817 

2801 



R. C. Sec. Herein 

4330 6818 

4331 6819 

4332 6820 

4333 6821 

4334 6822 

4339 6823 

4340 6824 

4341 6825 

4350 6826 

4351 6827 

4352 6828 

4353 6829 

4354 6830 

4355 6831 

4360 6832 

4365 6833 

4366 6834 

4367 6835 

4368 6836 

4369 6837 

4370 6838 

4371 6839 

4372 6840 

4373 6841 

4378 6842 

4379 6843 

4380 6844 

4381 6845 

4382 6846 

4383 6847 

4384 6848 

4385 6849 

4386 6850 

4387 6851 

4388 6852 

4389 6853 

4390 6854 

4391 6855 

4392 6856 

4393 6857 

4394 6858 

4395 6859 

4396 6860 

4397 ..6861 

4398 6862 

4399 6863 

4400 6864 

4405... 6865 

4406 6866 

4407 6867 

4408 6868 

4409.... 6869 

4414 6870 

4415 6871 

4416 6872 

4417 6873 

4418 6874 

4419 6875 

4420 6876 

4421 6877 

4426 6878 

4427 6879 

4428 6880 

4429 6881 

4430 6882 

4431 6883 



PARALLEL REFERENCES 



R. C. Sec. Herein 

4432 6884 

4433 6885 

4438 6887 

4439 6888 

4440 6889 

4441 6890 

4442 6891 

4443 6892 

4444 6893 

4445 6894 

4450 6895 

4451 6896 

4452 6897 

4453 6898 

4454 6899 

4455 6900 

4456 6901 

4457 6902 

4458 6903 

4459./. 6904 

4460 6905 

4461 6906 

4462 6907 

4463 6908 

4464 6909 

4470 6910 

4471 6911 

4472 6912 

4473 6913 

4474 6914 

4475 6915 

4476 6916 

4477 6917 

4478 6918 

4479 6919 

4480 ,6920 

4481 6921 

4482 6922 

4483 6923 

4484 6924 

4485 6925 

4486 6926 

4487 6927 

4488 6928 

4489.. 6929 

4490 6930 

4490a 6931 

4491 6932 

4492 6933 

4493 6934 

4494 6935 

4495 6936 

4496 6937 

4497 6938 

4498 6939 

4499 6940 

4504 6941 

4505 6942 

4506 6943 

4507 6944 

4508 6945 

4509 6946 

4510 6947 

4511 6948 

4520 6949 

4521 6950 



R. C. Sec. Herein 

4522 6951 

4523 6952 

4529 6956 

4530 6957 

4531 6958 

4532 6959 

4533 6960 

4538 6961 

4539 6962 

4540 6963 

4541 6964 

4542 6965 

4543 6966 

4544 6967 

4545 6968 

4546 6969 

4547 6970 

4552 6971 

4553 6972 

4554 6973 

4555 6974 

4556 6975 

4560 6976 

4561 6977 

4562 6978 

4563 6979 

4564.. 6980 

4565 6981 

4566 6982 

4567 ..6983 

4568 6984 

4569 6985 

4570 6986 

4571 6987 

4572 6988 

4573 6989 

4574 6990 

4575 6991 

4576 6992 

4577 6993 

4578 6994 

4579 6995 

4580 6996 

4581 6997 

4582 6998 

4583 6999 

4584 7000 

4585 7001 

4586 7002 

4587 7003 

4588 7004 

4589 7005 

4590 7006 

4591 7007 

4592 7008 

4593 7009 

4594 7010 

4595 7011 

4596 7012 

4597 7013 

4598 7014 

4599 7015 

4600 7016 

4601 7017 

4602 7018 

4603 7019 



R. C. Sec. Herein 

4604 7020 

4605 7021 

4606 7022 

4611 7023 

4612 7024 

4613 7025 

4614 7026 

4615 7027 

4616 7028 

4617 7029 

4618 7030 

4619 7031 

4620 7032 

4621 7033 

4622 7034 

4623 7035 

4624 7037 

4625 7038 

4626 7039 

4627 7040 

4628 7041 

4629 7052 

4639 7053 

4640 7054 

4641 7055 

4642 7056 

4643 7057 

4644 7058 

4645... 7059 

4650 7060 

4651 7061 

4652 7062 

4653 7063 

4654 7064 

4655 7065 

4656 7066 

4657 7067 

4658 7068 

4659 7069 

4660 7070 

4661... 7071 

4666 7072 

4667 7073 

4668 7074 

4669 7075 

4670 7076 

4671.. 7077 

4672 7078 

4673 7079 

4674 7080 

4675 7081 

4680 7082 

4681 7083 

4682 7084 

4683 7085 

4684 7086 

4685 7087 

4686 7088 

4687 7089 

4688... 7090 

4689 7091 

4690 7092 

4695 7093 

4696 7094 

4701 7095 

4702 7096 



2802 



REVISED CODES 



R. C. Sec. Herein 

4703 7097 

4704 7098 

4705 * 7099 

4711 7100 

4712 7101 

4713 7102 

4714 7103 

4715 7104 

4716 7105 

4717 7106 

4718 7107 

4719 7108 

4720 7109 

4725 7110 

4726 7111 

4727 7112 

4728 7113 

4729 7114 

4730 7115 

4731 7116 

4732 7117 

4733 7118 

4734 7119 

4735 7120 

4736 7121 

4741 7122 

4742 7123 

4743 7124 

4744 7125 

4745 7126 

4750 7127 

4751 7128 

4752 7129 

4753 7130 

4754 7131 

4759 7132 

4760 7133 

4761 7134 

4762 7135 

4763 7136 

4764 7137 

4765 7138 

4766 7139 

4767 7140 

4771 7141 

4772 7142 

4773 7143 

4774 7144 

4775 7145 

4776 7146 

4777 7147 

4778 7148 

4800 7149 

4801 7150 

4802 7151 

4807 7152 

4808 7153 

4809 7154 

4810 7155 

4811 7156 

4812 7157 

4813 7158 

4814 7159 

4815 7160 

4816 7161 

4817 7162 



R. C. Sec. Herein 

4818 7163 

4819 7164 

4820 7165 

4821 7167 

4822 7168 

4823 7169 

4824 7170 

4825 7171 

4826 7172 

4831 7173 

4832.. 7174 

4833 7175 

4834 7176 

4835 7177 

4836 7178 

4838 7179 

4839 7180 

4840 7181 

4841 7182 

4842 7183 

4843 7184 

4844 7185 

4860 7186 

4861 7187 

4862 7188 

4863 .7189 

4864 7190 

4865 7191 

4870 7192 

4875 7193 

4880 7194 

4881 7195 

4882 7196 

4883 7197 

4884 7198 

4889 7199 

4890 7200 

4891 7201 

4892 7202 

4893 7203 

4894 7204 

4895 7205 

4900 6576,7206 

4901 7207 

4902 7208 

4903 7209 

4904 7210 

4905 7211 

4906 7212 

4907 7213 

4908 7214 

4909 7215 

4910 7216 

4911 7217 

4912 7218 

4913 7219 

4914 7220 

4915 7221 

4916 7222 

4917 7223 

4918 7224 

4919 7380 

4923 7225 

4924 7226 

4925 7227 

4926 7228 

2803 



R. C. Sec. Herein 

4927 7229 

4928 7230 

4929 7231 

4930 7232 

4931 7233 

4932 7234 

4933 7235 

4933a 7236 

4934 7237 

4935 7238 

4936 7239 

4955 7240 

4956 7241 

4961 7242 

4962 7243 

4963 7244 

4964 7245 

4965 7246 

4966 7247 

4967 7248 

4968 7249 

4969 7250 

4970 7251 

4971 7252 

4976 7253 

4977 7254 

4978 7255 

4979 7256 

4980 7257 

4981 7258 

4982 7259 

4983 7260 

4984 7261 

4985 7262 

4986 7263 

4987 7264 

4988 7265 

4989 7266 

4994 7267 

4995 7268 

4996 7269 

4997 7270 

5000 7271 

5005 7272 

5006 7273 

5026 7274 

5027 7275 

5028 7276 

5029.... 7277 

5030 7278 

5031 7279 

5032 7280 

5033 7281 

5034 7282 

5035 7283 

5036 7284 

5037 7285 

5038 7286 

5039 7287 

5040 7288 

5041 7289 

5042 7290 

5043 7291 

5044 7292 

5045 7293 

5046 7294 



PARALLEL REFERENCES 



R. C. Sec. Herein 

5047 7295 

5048 7296 

5049 7297 

5050 7298 

5051 7299 

5052 7300 

50G0 7301 

5061 7302 

5062 7303 

5063 7304 

5068 7305 

5069 7306 

5070 7307 

5075 7308 

5076 7309 

5077 7310 

5078 7311 

5079 7312 

5080 7313 

5081 7314 

5082 7315 

5083 7316 

5084 7317 

5085 7318 

5086 7319 

5091 7320 

5092 7321 

5093 7322 

5094 7323 

5095 7324 

5096 7325 

5097 7326 

5098 7327 

5099 7328 

5100 7329 

5101 7330 

5102 7331 

5103 7332 

5104 7333 

5105 7334 

5106 7335 

5107 7336 

5108 ....7337 

5109 7338 

5110 7339 

5111 7340 

5112 7343 

5113 7344 

5114 7345 

5115 7346 

5116 7347 

5117 7348 

5118 7349 

5119 7350 

5120 7351 

5121 7352 

5122 7353 

5123 7354 

5124 7355 

5125 7356 

5126 7357 

5127 7358 

5128 7359 

5129 7360 

5130 7361 

5131 7362 



R. C. Sec, Herein 

5132 7363 

5133 7364 

5134 7365 

5135 7366 

5136 7367 

5137 7368 

5138 7369 

5139 7370 

5140 7371 

5141 7372 

5142 7373 

5143 7374 

5144 7375 

5145 7376 

5146 7377 

5147 7378 

5148 7379 

5149 s.C.L.500:16 

5150 s.C.L.500:4 

5155 7383 

5156 7384 

5157 7385 

5158 7386 

5159 7387 

5160 7388 

5161 7389 

5162 7390 

5163 7391 

5164 7392 

5165 7393 

5166 7394 

5167 7395 

5168 ....7396 

5185 7397 

5186 7398 

5187 7399 

5188 7400 

5189 7401 

5190 7402 

5191 7403 

5210 7404 

5211 7405 

5212 7406 

5213 7407 

5214 7408 

5215 7409 

5216 7410 

5217 7411 

5218 7412 

5219 7413 

5220 7414 

5221 7415 

5222 7416 

5223 7417 

5224 7418 

5225 7419 

5226 7420 

5227 7421 

5228 7422 

5229 7423 

5245 7424 

5246 7425 

5247 7426 

5248 7427 

5260 7428 

5261 7429 

2804 



R. C. Sec. Herein 

5262 7430 

5263 7431 

5264 7432 

5265 7433 

5266 7434 

5267 7435 

5268 7436 

5269 7437 

5290 7438 

5291 7439 

5296 7440 

5297 7441 

5298 7442 

5299 7443 

5300 7444 

5301 7445 

5302 7446 

5303 7447 

5304 7448 

5305 7449 

5306 7450 

5307 7451 

5308 7452 

5309 7453 

5310 7454 

5311 7455 

5312 7456 

5313 7457 

5314 7458 

5315 7459 

5316 7460 

5317 7461 

5318 7462 

5319 7463 

5320 7464 

5321 7465 

5322 7466 

5323 7467 

5324 7468 

5325 7469 

5326.. 7470 

5327 7471 

5328. 7472 

5329 7473 

5330 7474 

5331 7475 

5340 7476 

5341 7477 

5342 7478 

5343 7479 

5344 7480 

5345 7481 

5346 7482 

5347..... 7483 

5348 7484 

5349 7485 

5350 7486 

5351 7487 

5352 7488 

5353 7489 

5354.. 7490 

5355 7491 

5356 7492 

5357 7493 

5358 7494 

5359 7495 



REVISED CODES 



R. C. Sec. Herein 

5360 7496 

5361 7497 

5362 7498 

5363 7499 

5364 7500 

5365 7501 

5366 7502 

5367 7503 

5368 7504 

5369 7505 

5370 7506 

5371 7507 

5372 7508 

5373 7509 

5374 7510 

5375 7511 

5376 7512 

5377 7513 

5378 7514 

5379 7515 

5380 7516 

5381 7517 

5382 7518 

5383 7519 

5384 7520 

5385 7521 

5386 7522 

5387 7523 

5388 7524 

5389 7525 

5390 7526 

5391 7527 

5392 7528 

5393 7529 

5394 7530 

5395 7531 

5396 7532 

5397 7533 

5398 7534 

5399 7535 

5400 7536 

5401 7537 

5402 7538 

5403 7539 

5404 7540 

5405 7541 

5406 7542 

5407 7543 

5408 7544 

5409 7545 

5410 7546 

5411 7547 

5412 7548 

5420 7549 

5421 7550 

5422 7551 

5423 7552 

5424 7553 

5425 7554 

5426 7555 

5427 7556 

5428 7557 

5429 7558 

5430 7559 

5431 7560 

5432 7561 



R. C. Sec. Herein 

5433 7562 

5434 7563 

5440 7564 

5441 7565 

5442 7566 

5443 7567 

5444 7568 

5445 7569 

5446 7570 

5447 7571 

5448 7572 

5449 7573 

5450 s 7574 

5451 7575 

5452 7576 

5453 7577 

5460 7578 

5461 7579 

5462 7580 

5463 7581 

5464 7582 

5465 7583 

5466 7584 

5467 7585 

5468 7586 

5469 7587 

5470 7588 

5471 7589 

5472 7590 

5473 7591 

5474 7592 

5475 7593 

5476 7594 

5477 7595 

5478 7596 

5479 7597 

5480 7598 

5481 7599 

5482 7600 

5483 7601 

5490 7602 

5491 7603 

5492 7604 

5493 7605 

5494 7606 

5495 7607 

5496 7608 

5497 7609 

5498 7610 

5499. 7611 

5500 7612 

5501 7613 

5502 7614 

5503 7615 

5504 7616 

5505 7617 

5506 7618 

5507 7619 

5508 7620 

5509 7621 

5510 ; 7622 

5511 7623 

5512 7624 

5513 7625 

5514 7626 

5515 7627 

2805 



R. C. Sec. Herein 

5516 7628 

5517 7629 

5518 7630 

5519 7631 

5520 7632 

5521 7633 

5522 7634 

5523 7635 

5524 7636 

5525 7637 

5526 7638 

5527 7639 

5528 7640 

5529 7641 

5530 7642 

5531 7643 

5532 7644 

5533 7645 

5534 7646 

5535 7647 

5536 7648 

5537 7649 

5538 7650 

5539 7651 

5540 7652 

5541 7653 

5542 7654 

5543 7655 

5550 7656 

5551 7657 

5552 7658 

5553 7659 

5554 7660 

5555 7661 

5556 7662 

5557 7663 

5558 7664 

5559 7665 

5560 7666 

5561 7667 

5565 7673 

5566 7674 

5567 7675 

5568 7676 

5569 7677 

5570 7678 

5571 7679 

5572 7680 

5573 7681 

5574 7682 

5575 7683 

5580 7684 

5581.... 7685 

5582 7686 

5583 7687 

5584 7688 

'5585 7689 

5586 ..7690 

5587 7691 

5588 7692 

5589 7693 

5590 7694 

5591 7695 

5592 7696 

5593 7697 

5594 7698 



PARALLEL REFERENCES 



R. C. Sec. Herein 

5595 7699 

5596 7700 

5597 7701 

5598 7701 

5598 7702 

5599 7703 

5600 7704 

5601 7705 

5602 7706 

5603 7707 

5604 7708 

5605 7709 

5606 7710 

5607 7711 

5608 7712 

5609 7713 

5610 7714 

5611 7715 

5612 7716 

5613 7717 

5614 7718 

5615 7719 

5616 7720 

5617 7721 

5618 7722 

5619 7723 

5621 7724 

5622 7725 

5623 7726 

5624 ..7727 

5625 7728 

5626 7729 

5627 7730 

5628 7731 

5629 7732 

5630 7733 

5631 7734 

5632 7735 

5633 7736 

5634 7737 

5635 7738 

5636 7739 

5637 7740 

5638 7741 

5639 7742 

5640 7743 

5641 7744 

5642 7745 

5643 7746 

5644 7747 

5645 7748 

5646 7749 

5647 7750 

5648 7751 

5649 7753 

5650 7754 

5655 7755 

5656 7756 

5657 7757 

5658 7758 

5659 7759 

5660 7760 

5661 7761 

5662 7762 

5663 7763 

5664 7764 



R. C. Sec. Herein 

5665 7765 

5666 7766 

5667 7767 

5668 7768 

5669 7769 

5670 7770 

5671 7771 

5672 7772 

5673 7773 

5674 7774 

5680 7775 

5681 7776 

5682 7777 

5683 7778 

5684 7779 

5685 7780 

5686 7781 

5687 7782 

5688 7783 

5689 7784 

5690 7785 

5691 7786 

5692 7787 

5693 7788 

5694 7789 

5695 7790 

5700 7791 

5701 7792 

5702 7793 

5703 7794 

5704 7795 

5705 7796 

5706 7797 

5707 7798 

5708 7799 

5709 7800 

5710 7801 

5711 7802 

5713 7803 

5714 7804 

5715 7805 

5716 7806 

5717 7807 

5725 7808 

5726 7809 

5727 7810 

5728 7811 

5729 7812 

5730 7813 

5731 7814 

5732 7815 

5733 7816 

5734 7817 

5735 7818 

5736 7819 

5737 7820 

5738 7821 

5739 7822 

5740 7823 

5741 7824 

5742 7825 

5743 7826 

5744 7827 

5745 7828 

5746 7829 

5747 7830 



R. C. Sec. Herein 

5748 7831 

5749 7832 

5750 7833 

5751 7834 

5752 7835 

5753 7836 

5754 7837 

5755 7838 

5756 7839 

5757 7840 

5758-9 obs 

5760 7841 

5770 7842 

5771 7843 

5772 7844 

5773 7845 

5774 7846 

5775 7847 

5776... 7848 

5777 7849 

5778 7850 

5779 7851 

5780 7852 

5781 7853 

5782 7854 

5783 7855 

5784 7856 

5785 7857 

5786 7858 

5787 7859 

5788 7860 

5789 7861 

5790 7862 

5791 7863 

5792 7864 

5793 7865 

5794 7866 

5795 7867 

5796 7868 

5797 7869 

5798 7870 

5799.. 7871 

5800 7872 

5801 7873 

5802 7874 

5803 7875 

5804 7876 

5805 7877 

5806 7878 

5807 7879 

5808 7880 

5809 7881 

5810 7882 

5811 7883 

5812 7884 

5813 7885 

5814 7886 

5815 7887 

5816 7888 

5817 7889 

5818.. 7890 

5819 7891 

5820 7892 

5821 7S93 

5822 7894 

5823 7895 



2806 



REVISED CODES 



R. C. Sec. Herein 

5824 7896 

5825 7897 

5826 s 7898 

5827 7899 

5828 7900 

5829 7901 

5840 7925 

5841 7926 

5842 7927 

5843 7928 

5844 7929 

5845 7930 

5846 7931 

5847 7932 

5850-60 ^17,0.158 

5875-5932 s.U.S.law 

5950 7933 

5951 7934 

5956 7935 

5957 7936 

5958 7937 

5959 7938 

5960 : 7939 

5965 7940 

5966 7941 

5967 7942 

5968 7943 

5969 7944 

5970 7945 

5971 7946 

5972 7947 

5973 7948 

5974 7949 

5975 7950 

5976 7951 

5977 7952 

5978 7953 

5979 7954 

6980 7955 

5981 7956 

5982 7957 

5983 7958 

5984 7959 

5989 7960 

5990 7961 

5991 7962 

5992., 7963 

5993 7964 

5994 7965 

5995 7966 

5996 7967 

5997 7968 

5998 7969 

5999 7970 

6005 7972 

6006 7973 

6007 7974 

6008 7975 

6009 7976 

6010 7977 

6011 7978 

6030 7980 

6035 7981 

6036 7982 

6037 7983 

6038 7984 



R. C. Sec. Herein 

6039 7985 

6040 7986 

6041 7987 

6042 ,...7988 

6043 7989 

6044 7990 

6045 7991 

6046 7992 

6047 7993 

6052 7994 

6053 7995 

6054 7996 

6055 7997 

6056 7998 

6057 7999 

6058 8000 

6059 8001 

6060 8002 

6060a 8003 

6060b 8004 

6061 8005 

6062 8006 

6063 8007 

6064 8008 

6065 8009 

6065a 8(A0 

6065b 8011 

6065c 8012 

6066 8013 

6066a 8014 

6067 8015 

6068 8016 

6068a 8017 

6068b 8018 

6068c 8019 

6069 8020 

6069a 8021 

6069b 8022 

6069c 8023 

6069d 8024 

6070 8025 

6071 8026 

6072 8027 

6073 8028 

6074 8029 

6075 8030 

6076 8031 

6077 8032 

6078 8033 

6079 8034 

6080 8036 

6081 8037 

6082 8038 

6083 8039 

6084 8040 

6085 8041 

6086 8042 

6090 8043 

6091 8044 

6092 8045 

6093..., 8046 

6094 8047 

6095 8048 

6110 8049 

6111 8050 

6116 8051 

2807 



R. C. Sec. Herein 

6117 8052 

6118 8053 

6119 8054 

6120 8055 

6121 8056 

6122 8057 

6123 8058 

6123a 8059 

6124 8060 

6125 8061 

6125a .'...8062 

6126 8063 

6127 8064 

6128.. 8065 

6129 8066 

6130 8067 

6131.. 8068 

6136 6553 

6137 ..6555 

6138 6554 

6139 8069 

6140 8070 

6141 8071 

6142 8072 

6143 8073 

6301 8074 

6302 ..8075 

6303 8076 

6304 8077 

6305 8078 

6306 8079 

6307 8080 

6308 8081 

6309 8082 

6310 8083 

6311 8084 

6312 8085 

6313 8086 

6314 8087 

6315 8088 

6316 8089 

6330 8090 

6331 8091 

6341 8092 

6342 8093 

6343 8094 

6344 8095 

6354 8096 

6355.... 8097 

6356 8098 

6357 8099 

6358 8100 

6359 8101 

6360 8102 

6361 8103 

6362 8104 

6363 8105 

6364 8106 

6365 8107 

6366 8108 

6367 8109 

6368 ri.'15,c.28 

6369 8110 

6370 8111 

6371 8112 

6372 8113 



PARALLEL REFERENCES 



R. C. Sec. Herein 

3 8114 

(3374 8115 

6375 8116 

0376 8117 

6380 8118 

6381 8119 

6382 8120 

6383 8121 

6384 8122 

6385 8123 

6386 8124 

6387 8125 

6388 8126 

6389 8127 

6390 8128 

6391 8129 

6392 ..8130 

6410 8131 

6411 8132 

6412 8133 

6413 8134 

6414 8135 

6415 8136 

6416 8137 

6430 8138 

6431 8139 

6432 8140 

6433 8141 

6434 8142 

6435 8143 

6436 8144 

6437 8145 

6446 8146 

6447 8147 

6452 unconst. 

6453 8149 

6454 8150 

6455 8151 

6456 , 8152 

6457 8153 

6458 8154 

6464 8155 

6465 8156 

6466 8157 

6467 8158 

6468 8159 

6478 8160 

6479 8161 

6480 8162 

6481 8163 

6482 8164 

6483 8165 

6484 8166 

6485 8167 

6486 8168 

6487 8169 

6488 8170 

6489 8171 

6500 8172 

6501 8173 

6502 8174 

6503 8175 

6504 8176 

6505 8177 

6510 8178 

6511 8179 



R. C. Sec. Herein 

6512 8180 

6513 8181 

6514 8182 

6515 8183 

6516 8184 

6517 8185 

6518 8186 

6519 8187 

6520 8188 

6521 8189 

6522 8190 

6523 8191 

6524 8192 

6525 8193 

6526 8194 

6527 8195 

6528 8196 

6529 8197 

6530 8198 

6531 8199 

6532 8200 

6533 8201 

6534 8202 

6535 8203 

6540 8204 

6541 8205 

6545 8206 

6546 8207 

6547 8208 

6560 8209 

6561 8210 

6562 8211 

6563 8212 

6564 8213 

6565 8214 

6566 8215 

6567 8216 

6568 8217 

6569 8218 

6570 8219 

6571 8220 

6572 8221 

6577 8222 

6578 8223 

6584 8224 

6585 3225 

6590 8226 

6591 8227 

6592 8228 

6597 8229 

6598 8230 

6703 8231 

6704 8232 

6705 8233 

6706 8234 

6707 8235 

6708 8236 

6709 8237 

6710 8238 

6711 8239 

6712 8240 

6713 8241 

6714 8242 

6715 8243 

6716 ...8244 

6721 8245 

2808 



R. C. Sec. Herein 

6722 8246 

6727 8247 

6728 8248 

6729 8249 

6730 8250 

6731 8251 

6732 8252 

6737 8253 

6738 8254 

6739 8255 

6740 8256 

6741 8257 

6742 8258 

6743 8259 

6744 8260 

6745 8261 

6765 8262 

6766 8263 

6767 8264 

6768 8265 

6769 8266 

6770 8267 

6771 8268 

6772 8269 

6781 8278 

6782 8279 

6783 8280 

6784 r/09,p.294 

6794 8281 

6795 8282 

6800 r.'19,c.l66 

6806 8283 

6807 8284 

6808 8285 

6809 8286 

6810 8287 

6811 8288 

6812 8289 

6820 8290 

6821-2 ri.'15,p.83 

6823 8291 

6824 8292 

6825 8293 

6826 ,8294 

6827 8295 

6828 8296 

6830 8300 

6831 8301 

6832 8302 

6840 8303 

6841 8304 

6842 8305 

6843 8306 

6850 8307 

6851 8308 

6852 8309 

6853 8310 

6854 8311 

6855 8312 

6856 8313 

6857.. 8314 

6860 8325 

6861 8326 

6862 8422 

6863 8423 

6864 8424 



REVISED CODES 



R. C. Sec. Herein 

6865 8425 

6866 8442 

6867 8328 

6868 8329 

6869 8330 

6870 8331 

6871 8332 

6872 8333 

6875 8327 

6876 9306 

6877 9307 

6878 9308 

6879: 8334 

6880-1 r.'19,c.l76 

6882 8335 

6883 1938 

6884 1949 

6887 1954 

6908 8337 

6909 8338 

6910 8339 

6911 8340 

6912 8341 

6913 8342 

6914 8343 

6915 8344 

6916 s. , ll,c.l96 

6917 1732 

6918 r.'ll,c.l96 

6919 1699 

6920 8345 

6921 8346 

6922 8347 

6923 8348 

6924 8349 

6925 8350 

6926 8351 

6927 8353 

6928 8354 

6929 8355 

6930 8356 

6931 8358 

6932 8359 

6933 8360 

6934 8361 

6935 8362 

6950 8364 

6951 8365 

6952 8366 

6953 8367 

6954 8368 

6955 8369 

6956 8370 

6957 8371 

6958 8372 

6959 8373 

6960 8374 

6961 8375 

6962 8376 

6963 8377 

6975 8379 

6976 8380 

6977 8381 

6978 8382 

6979 83S3 

6980 8383a 



R. C. Sec. Herein 

6981 8383b 

6982 8384 

6983 8385 

6984 8386 

6985 8387 

6986 8388 

6987 8389 

6988 8390 

7000 8391 

7001. ....8392 

7002 8393 

7003 8394 

7004 8395 

7005 8396 

7006 8397 

7007 8398 

7008 8399 

7009 s.'ll,c.228 

7014 ..8400 

7015 8401 

7016 8402 

7017 8403 

7022 8405 

7023 8406 

7028 8408 

7029 8409 

7030 8410 

7031 8411 

7032 8412 

.7033 8413 

7034 8414 

7035 8415 

7036 8416 

7037 8417 

7038 8418 

7039 8419 

7040 8420 

7041 8421 

7042 8422 

7043 8423 

7044 8424 

7045 8426 

7046 8427 

7047 8428 

7048 ,..8429 

7049 8430 

7050 8431 

7051 8432 

7052 8433 

7053 8434 

7054 8435 

7055 8436 

7056 8437 

7057 8438 

7058 8439 

7059 8440 

7060 8441 

7061 8443 

7061a 8444 

7061b 8445 

7061c 8446 

7062 8447 

7062a 8448 

7062b 8449 

7065 8450 

7066 8451 

7067 8452 

2809 



R. C. Sec. Herein 

7068 8453 

7069 8454 

7070 8455 

7071 8456 

7072 7457 

7073 8458 

7074 8459 

7075 8460 

7076 8461 

7080 8462 

7081 8463 

7082 8464 

7083 8465 

7084 8466 

7085 8467 

7086 8468 

7090 8469 

7092 8470 

7093 8471 

7094 8472 

7095 8473 

7096 8474 

7097 8476 

7098 8477 

7099 8478 

7100 8479 

7101 8480 

7102 8481 

7103 8482 

7103a 8483 

7103b 8484 

7103c 848^ 

7105 8491 

7106 8492 

7107 8493 

7108 8494 

7109 8495 

7110 8496 

7111 8497 

7174 8498 

7115 8499 

7116 8500 

7117 8501 

7118 8502 

7119 8503 

7120 8504 

7121 8505 

7122 8506 

7123.... 8507 

7124 8508 

7125 8509 

7126 8510 

7127 8511 

7128 r. , 13,c.H7 

7131 8513 

7132 8516 

7133 8517 

7134 8518 

7135 8519 

7136 8521 

7137 8528 

7138 8522 

7139 8523 

7140 8524 

7141 8525 

7142 8526 

7143 8527 



PARALLEL REFERENCES 



R. C. Sec. 



Herein 



7144 8529 

7145 8533 

7146 8534 

7147 8535 

7148 8536 

7148a 8537 

7149 7538 

7150 8539 

7151 8540 

7152 7541 

7153 8542 

7154 r.'09,p.l75 

7155 8555 

7156 8556 

7157 8557 

7158 8558 

7159 8559 

7160 8560 

7161 8562 

7162 8563 

7163 8564 

7164 8565 

7165 8566 

7166 7567 

7167 8568 

7168 8569 

7169 8570 

7170 8571 

7171 8572 

7172 8573 

7173 8574 

7174 8575 

7175 8576 

7176.... 8577 

7177 8578 

2668-74 

2686 

2688-9 

2690 

2697 

2699 

2703-5 

2708-23 

2771-2 

2774 

2776-7 

2782 

2656 

2667 

2668-74 

2675-7 

7181 •{ 2686 

2688-90 
2697 
2813 
2815 

7182 "....2678 

T2699 
2701 

7183 <| 2704 

2796 
2797 

7184-5. .2699-2723, 2796-7 
[2730 

7186 \ 2732-6 

[ 2738-44 
7187 2749 



7180 



R. C. Sec. 



Herein 



7188 2751-4 

7189 r.'19,c.65 

[2726 

7190 \ 2756-62 

[2766-7 

7191 2768 

2668-74 

2686 

2688-90 

2697 

2699 

7192 ■! 2703-5 

2708-23 
2771-2 
2774 
2776-7 
2782 
f 2725 

7193 \ 2727-8 

[ 2807-11 

7194 2646,2724 

7195-6 r.'09,p.85 

7197 r.'19,c.65 

7198 2661, 2805-6 

f 2706-7 
2731 

7199 -I 2750 

2779 
2780 
2802 
2656 
2667 

7200 -I 2672 

2675-7 

2813 

2815 

7201.. "...2814 

7202 r.'19,c.65 

7203 2818 

7205 8584 

7206 8585 

7207 8586 

7208 8587 

7209 8588 

7210 8589 

7211 8590 

7212 8591 

7213 8592 

7214 8593 

7215 8594 

7216 8596 

7217 8597 

7218 8598 

7219 8599 

7220 8600 

7230 8602 

7231 8603 

7232 8604 

7233 8605 

7234 8606 

7235 8607 

7236 8608 

7237 8609 

7238 8610 

7239 8611 

7240 8612 

7241 8613 



R. C. Sec. Herein 

7242 8614 

7243 8615 

7350 8616 

7351 8617 

7352 7618 

7353 8619 

7354 8620 

7355 8621 

7356 8622 

7357 : 8623 

7358 8624 

7368 8625 

7369 8626 

7370 8627 

7375 8628 

7376 8629 

7380 8630 

7381 8631 

7382 8632 

7383 8633 

7384 8634 

7385 8635 

7386 8636 

7387 8637 

7388 8638 

7389 8639 

7390 8640 

7391 8641 

7392 8642 

7393 8643 

7394 8644 

7400 8645 

7401 7646 

7402 8647 

7403 8648 

7404 8649 

7405 8650 

7406 8651 

7407 8652 

7408... 8653 

7425 8654 

7426 8655 

7427 8656 

7428 8657 

7429 8658 

7430 8659 

7431 8660 

7432 8661 

7433 8662 

7434 8663 

7435 8664 

7436 8665 

7437 8666 

7438 8667 

7439 8668 

7440 8669 

7445 8670 

7446 8671 

7447 8672 

7448 8673 

7449... 8674 

7450 8675 

7451 8676 

7452 8677 

7453 8678 

7454 8679 

7455 8680 



2810 



REVISED CODES 



R. C. Sec. Herein 

7456 8681 

7457 - 8682 

7458 8683 

7459 8684 

7480 8685 

7481 8686 

7482 8687 

7483 8688 

7484 8689 

7485 8690 

7486 8691 

7487 8692 

7488 8693 

7489 8694 

7490 8695 

7491 8696 

7492 8697 

7493 8698 

7494 8699 

7495 8700 

7500 8701 

7501 8702 

7502 8703 

7503 8704 

7504 8705 

7509 8706 

7510 8707 

7511 8708 

7516 8709 

7517 8710 

7518 8711 

7519 8712 

7520 8713 

7521 8714 

7522 8715 

7523 8717 

7524 8718 

7525 8719 

7529 8720 

7530 8721 

7531 8722 

7532 8723 

7538 8724 

7539 8725 

7540 8726 

7541 . 8727 

7542 8728 

7543 8729 

7544 8730 

7545 8731 

7546 8732 

7547 8733 

7548 8734 

7549 8735 

7550 8736 

7551 8737 

7552 8738 

7553 8739 

7554 8740 

7559 8741 

7560 8742 

7565 8743 

7566 8744 

7567 8745 

7568 8746 

7569 8747 

7570 8748 



R. C. Sec. Herein 

7571 8749 

7572 8750 

7573 8751 

7574 8752 

7575 8753 

7576 8754 

7577 8755 

7578 8756 

7579 8757 

7580 8758 

7581 8759 

7582 8760 

7583 8761 

7584 8762 

7585 8763 

7586 8764 

7587 8765 

7588 .8766 

7589 8767 

7600 8768 

7601...: 8769 

7602 8770 

7607 8771 

7608 8772 

7609 8773 

7610 ....8774 

7611 8775 

7612 8776 

7613 8777 

7614 8778 

7615 ....8779 

7616 8780 

7617 8781 

7618 8782 

7619 8783 

7620 8784 

7621 8785 

7622 8786 

7623 8787 

7624 8788 

7630 8789 

7631 8790 

7632 8791 

7633 8792 

7634 8793 

7635 8794 

7636 8795 

7637 8796 

7638 8797 

7639 8798 

7640 8799 

7641 8800 

7642 8801 

7647 8802 

7648 8803 

7649 8804 

7650 8805 

7651 8806 

7652 8807 

7653 8808 

7655 8809 

7656 8810 

7657 8811 

7658 8812 

7659 8813 

7660 8814 

7661 8815 



R. C. Sec. Herein 

7662 8816 

7665 8817 

7666 8818 

7667 8819 

7668 8820 

7669 8821 

7670 8822 

7675 8823 

7676 8824 

7677 8825 

7678 8826 

7679 8827 

7680 8828 

7681 8829 

7682 8830 

7683 8831 

7684 8832 

7685 8833 

7686 8834 

7687 8835 

7688 8836 

7689 8837 

7690 8838 

7691 8839 

7692 8840 

7693 8841 

7694 8842 

7695 8843 

7696 8844 

7697 8845 

7698 8846 

7710 8847 

7711 8848 

7712 8849 

7713 8850 

7714 8851 

7715 8852 

7716 8853 

7717 8854 

7718 8855 

7719 8856 

7720 8857 

7721 8858 

7722 8860 

7723 8861 

7724 8862 

7730.., 8863 

7731 8864 

7732 8865 

7733 8866 

7734 8867 

7740 8868 

7741 8869 

7742 8870 

7743 8871 

7744 8872 

7745 8873 

7746 8874 

7747 8875 

7748 8876 

7749 8877 

7750 8878 

7755 8879 

7756 8880 

7757 8881 

7758 8882 

7759 8883 



2811 



PARALLEL REFERENCES 



R. C. Sec. Herein 

7760 8884 

77G1 8885 

7702 8886 

7763 8887 

7768 8888 

7769 8889 

7779a 8900 

7779b 8901 

7779c 8902 

7780 8903 

7781 8904 

7782 8905 

7787 8906 

7788 8907 

7789 8908 

7790 8909 

7795 8910 

7815 8911 

7816 8912 

7817 8913 

7818 8914 

7819 8915 

7820 8916 

7821 8917 

7822 8918 

7823 8919 

7824 8920 

7825 8921 

7826 8922 

7827 8923 

7828 8924 

7829 8925 

7830 8926 

7831 8927 

7832 8928 

7833 8929 

7834 8930 

7835 8931 

7836 8932 

7837 8933 

7838 8934 

7841 8935 

7842 8936 

7843 8937 

7846 8938 

7847 8939 

7848 8940 

7855 8941 

7856 8942 

7857 8943 

7858 8944 

7859 8945 

7860 8946 

7861 8947 

7862 8948 

7863 8949 

7864 8950 

7865 8951 

7866 8952 

7867 8953 

7868 8954 

7869 8955 

7870 8956 

7871 8957 

7872 8958 

7873 8959 

7874 8960 



R. C. Sec. Herein 

7875 8961 

7876 8962 

7877 8963 

7878 8964 

7879 8965 

7880 8966 

7881 8967 

7882 8968 

7883 8969 

7884 8970 

7885 8971 

7886 8972 

7887 8973 

T888 8974 

7889 8975 

7900 8976 

7901 8977 

7902 8978 

7903 8979 

7904 8980 

7905 8981 

7906 8982 

7907 8983 

7908 8984 

7909 8985 

7915 8986 

7916 8987 

7917 8988 

7918 8989 

7919 8990 

7920 8991 

7921 8992 

7922 8993 

7923 8994 

7924 8995 

7925 8996 

7926 8997 

7927 8998 

7928 8999 

7929 9000 

7930 9001 

7931 9002 

7932 9003 

7933 9004 

7934 9005 

7940 9006 

7941 9007 

7942 9008 

7943 9009 

7944 9010 

7945 9011 

7946 9012 

7947 9014 

7950 9015 

7951 9016 

7952 9017 

7953 9018 

7960 9019 

7961 9020 

7962 9021 

7963 9022 

7980 9023 

7981 9024 

7982 9025 

7983 9026 

7984 9027 

7985 9028 

2812 



R. C. Sec. Herein 

7986 9029 

7987 9030 

7988 9031 

7989 9032 

7990 9033 

7991 9034 

7992 9036 

7993 9037 

7994 9038 

7995 9039 

7996 9040 

8005 9048 

8006 9049 

8007 9050 

8008 9051 

8009 ...9052 

8010 9053 

8011. 9054 

8012 9055 

8013 9056 

8014 9057 

8015 9058 

8016 9059 

8017 9060 

8018 9061 

8019 9062 

8020 9063 

8021 9064 

8022 9065 

8040 9066 

8041. 9067 

8042 9068 

8043 9069 

8044 9070 

8045 9071 

8046 9072 

8047 9073 

8048 9074 

8049 8075 

8050- 8076 

8051 9077 

8056 9078 

8057 9079 

8062 9080 

8063 9081 

8064 9082 

8065 9083 

8070 9084 

8071 9085 

8072 9086 

8073 9087 

8074 9088 

8075 9089 

8076 9090 

8077 9091 

8100 9092 

8101 9093 

8102 9094 

8103 9095 

8104 9096 

8105.. 9097 

8106 9098 

8107 9099 

8108 9100 

8109 9101 

8110 9102 

8111 9103 



REVISED CODES 



R. C. Sec. Herein 

8112 9104 

8113 „ 9105 

8114 9106 

8115 9107 

8116.. 9108 

8117 9109 

8118 9110 

8119 9111 

8120 9112 

8121 9113 

8122 9114 

8123 9115 

8124 9116 

8125 9117 

8126 9118 

8127 9119 

8128 9120 

8129 9121 

8130 9122 

8131 9123 

8132 9124 

8133 9125 

8134 9126 

8135 9127 

8136 9128 

8141 9129 

8142 9130 

8143 9131 

8148 9132 

8149 9133 

8150 9134 

8151 9135 

8152 9136 

8153 9137 

8154 9138 

8155 9139 

8160 9140 

8161 9141 

8162 9142 

8163 9143 

8164 9144 

8165 9145 

8166 9146 

8167 9147 

8168 9148 

8169..., 9149 

8170 9150 

8171 9151 

8176 9152 

8177 9153 

8178 9154 

8179 9155 

8180 9156 

8181 9157 

8182 9158 

8183 9159 

8184 9160 

8185 9161 

8186 9162 

8187 9163 

8188 9164 

8189 9165 

8194 9166 

8195 9167 

8196 9168 

8197 9169 

8198 9170 



R. C. Sec. Herein 

8199 9171 

8200 9172 

8205 9173 

8206 9174 

8207 9175 

8212 9176 

8213 9177 

8214 9178 

8215 9179 

8216 9180 

8217. . 9181 

8222 9182 

8223 9183 

8224 9184 

8225 9185 

8226 9186 

8227 9187 

8228 9188 

8229 ..9189 

8234 9190 

8236. 9191 

8238 9192 

8239 9193 

8240 9194 

8241 9195 

8242 9196 

8243 9197 

8248 9198 

8249 9199 

8250 9200 

8251 9201 

8252 9202 

8253 9203 

8254 9204 

8255 9205 

8256 9206 

8257 9207 

8258 9208 

8259 9209 

8260 9210 

8261 9211 

8262 9212 

8263 9213 

8264 9214 

8280 9227 

8380a 9228 

8281 9229 

8282 9230 

8283 9231 

8284 9232 

8285 9233 

8286 9234 

8287 9235 

8288 9236 

8289.... 9237 

8290 9238 

8291 9239 

8292 9240 

8293 9241 

8294 9242 

8295 9243 

8296 9244 

8297 9245 

8298 9246 

8299 9247 

8300 9248 

8301 9249 

2813 



R. C. Sec. Herein 

8302 9250 

8303 9251 

8304 9252 

8305 9253 

8306 9254 

8307 9255 

8308 9256 

8309 9257 

8310 9258 

9311 9259 

8312 9260 

8313 9261 

8314 9262 

8320 9263 

8321 9264 

8322 9265 

8323. 9266 

8324 9267 

8325 9268 

8326 9269 

8327 9270 

8328 1010 

8329 1011 

8330 1012 

8331 1013 

8332 1014 

8333 1015 

8334 1016 

8335 1017 

8336 1018 

8336a 1019 

8336b 1020 

8336c 1021 

8336d 1022 

8337 1023 

8338 9271 

8339 9272 

8340 9273 

8341 9274 

8342 9275 

8343 9276 

8344 9277 

8345 9278 

8346 9279 

8347 9280 

8348 9281 

8349 9282 

8350 9283 

8351.... 9284 

8352 9285 

8353 9286 

8354 9287 

8355 9288 

8356 9289 

8357 9290 

8358 9291 

8359 9292 

8360 9293 

8361 9294 

8362 9295 

8363 9296 

8364 9297 

8365 9298 

8366 9299 

8367 9300 

8368 9301 

8369 9302 



PARALLEL REFERENCES 



R. C. Sec. Herein 

8370 9303 

8371 9304 

8372 9305 

8377 9309 

8378 9310 

8379 9311 

8380 9312 

8381 9313 

8382 9314 

8383 9315 

8384 9316 

8385 9317 

8386 9318 

8390 9319 

8391 9320 

8392 9321 

8393 9322 

8394 9323 

8395 9324 

8396 9325 

8397 9326 

8398 9327 

8399 9328 

8400 9329 

8401 9330 

8402 9331 

8403 9332 

8404 9333 

8405 9334 

8406 ,..9335 

8407 9336 

8408 9337 

8409 9338 

8415 128 

8416 9339 

8417 9340 

8418 9341 

8419 9342 

8420 9343 

8421 9344 

8422 9345 

8423 9346 

8424 9347 

8425 9348 

8426 ...9349 



R. C. Sec. Herein 

8435 9350 

8440 9351 

8441 9353 

8442 9354 

8460 9355 

8461 9356 

8462 9358 

8463 9359 

8464 9360 

846S 9361 

8466 9362 

8467 9363 

8468 9364 

8469 9366 

8469a 9367 

8470 9369 

8471 9370 

8472 9371 

8473 9372 

8474 9373 

8475 9374 

8476 9375 

8477 9376 

8478 9377 

8479 9378 

8480 9379 

8481 9380 

8482 9381 

8483 9382 

8484 9383 

8485 9384 

8486 9385 

8487 9386 

8488 9387 

8489 9388 

8490 9389 

8491 9390 

8492 9391 

8493 9392 

8494 9393 

8495 9394 

8496 9395 

8497 ri.'15,c.28 

8498 9396 

8499 9397 



R. C. Sec. Herein 

8500 9398 

8501 9399 

8502 9400 

8503 9401 

8504 9402 

8505 9403 

8506 9404 

8507 9405 

8508 9406 

8510 9407 

8511 9408 

8512 9409 

8515 9410 

8516 9411 

8517 9412 

8518 9413 

8519 9414 

8525... 9415 

8526 9416 

8527 9417 

8528 9418 

8529 9419 

8530 9420 

8531 9421 

8532 9422 

8533 9423 

8534 9424 

8535 9425 

8536 9426 

8537 9427 

8538 9428 

8539 9429 

8540 9430 

8541.. 9431 

8542 9432 

8542a . ...r.'15,c.l41 

8542b 9433 

8542c 9434 

8542d 9435 

8543 9437 

8544 9438 

8545 9439 

8546 9440 

8547 9441 



2814 



COMPILED LAWS 

COMPILED LAWS OF 1918. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under "Herein." 

Abbreviations: c, chapter; obs., obsolete; C. L., Compiled Laws; p., page; r., re- 
pealed; ri., repealed by implication; subd., subdivision; s., superseded; unconst., un- 
constitutional 



C. L. Sec. 
1:1 


Herein 
1 


1:2 


2 


1:3 


3 


22 


4 


3:1 


5 


3:2 


6 


3:3 


7 


3:4 


8 


3:5 


9 


3:6 


10 


3:7 


11 


3:8 


12 


3:9 


13 


3:10 


14 


3:11 


15 


3:12 


16 


3:13 


17 


3:14 


18 


3:15 


19 


3:16 


20 


3:17 


22 


3:18 


,...24 


3:19 


25 


3:20 


26 


3:21 


. 27 


3:22 


28 


3:23 


29 


3:24 


30 


3:25 


31 


3:26 


32 


3:27 


34 


3:28 


35 


3:29 


36 


3:30 


37 


3:31 


38 


3:32 


39 


3:33 


40 


3:34 


41 


3:35 


42 


3:36 


43 


3:37 


44 


3:38 


45 


3:39 


46 


3:40 


47 


3:41 


48 


3:42 


49 


3:43 


50 


4:1 


51 


4:2 


52 


4:3 


53 


4:4 


54 


5:1 


55 


5:2 


56 


5:3 


57 


5:4 


58 


5:5 


59 


5:6 


60 


5:7 


61 


5:8 


62 



C. L. Sec. 


Herein 


C. L. Sec. 


Herein 


5:9 


63 


80 


122 


5:10 .... 


64 


81 


123 


5:11 


65 


82 


124 


6:1 


66 


83 


125 


6:2 


67 


84 


126 


6:3 


68 


85 


127 


6:4 


69 


86 


r.'19,c.8 


27 


70 


87 


347 


28 


71 


88 


348 


31 


72 


89 


349 


32 


73 


90 

91 


128 


32a 


74 


129 


33 


75 


92 


130 


34 


76 


93 


131 


35 


77 


94 


132 


36 


78 


95 


133 


37 


79 


95a 


134 


39 


80 


96 


135 


40 


81 


97 


136 


41 


82 


98 


137 


42 


83 


99 


138 


43 


84 


100 


139 


44 


85 


101 


140 


45 


86 


102 


141 


46 


87 


103 


142 


47 


88 


104 


143 


48 


89 


104a 


144 


49 


90 


105 


145 


50 


91 


106 


146 


51 


92 


107 


147 


52 


93 


108 


148 


53 


94 


109 


149 


54 


95 


110 


150 


55 


96 


Ill 


151 


56 


97 


112 


152 


57 


98 


113 


153 


58 


99 


114 


154 


59 


100 


115 


155 


60 


101 


116 


156 


61 


102 


117 


157 


62 


103 


117a ....... 


158 


63 


104 


118 


159 


64 


105 


118a 


160 


65 


106 


119 


161 


66 


107 


120 


162 


67 


108 


121 


163 


67a 


109 


122 


164 


68 


110 


123 


167 


69 


Ill 


124 


. ...r.'19,c.l23 


70 


112 


125 


168 


71 


113 


126 


169 


72 


114 


126a 


170 


73 


115 


126b 


171 


74 


116 


137 


173 


75 


117 


138 


174 


76 


118 


139 


175 


77 


119 


140 


176 


78 


120 


141 


177 


79 


121 


142 


178 



2815 



PARALLEL REFERENCES 



( '. L. Sec. Herein 

l IS L79 

11:1 230 

11:2 231 

11:3 232 

11:1 233 

11:5 234 

11:6 235 

11:7 236 

11:8 237 

11:9 238 

11:10 239 

11:11 240 

11:12 241 

11:13 242 

11:14 247 

11:15 248 

12:1 r.'19,c.8 

12:2 286 

12:3 287 

12:4 288 

12:5 289 

12:6 290 

12:7 291 

12:8 292 

12:9 293 

12:10 294 

12:11 295 

12:12 296 

12:13 297 

12:14 198 

12:15 299 

12:16 300 

12:17 301 

12:18 302 

12:19 303 

13:1 r.'19,c.8 

13:2 r.'19,c.8 

13:3 t.'IQ.cS 

13:4 304 

13:5 305 

13:6 306 

13:7 307 

13:8 308 

13:9 309 

13:10 310 

13:11 311 

13:12 312 

13:13 313 

13:14 314 

13:15 315 

13:16 316 

13:17 317 

13:18 318 

13:19 319 

13:20 320 

13:21 321 

13:22 322 

13:23 323 

13:24 324 

13:25 325 

13:26 326 

13:27 327 

13:28 328 

13:29 329 

13:30 330 

210 249 

211 188 



C. L. Sec. Herein 

212 189 

213 190 

214 191 

215 192 

216 193 

217 194 

218 195 

219 196 

220 197 

221 198 

222 199 

223 200 

224 201 

225 202 

226 203 

227 204 

228 205 

229 206 

230 207 

231 208 

232 209 

233 210 

236 211 

237 212 

238 213 

239 214 

240 215 

241 216 

242 217 

242a 218 

243 219 

244 220 

245 221 

246 222 

247 223 

248 224 

249 225 

250 381 

251 382 

252 383 

253 384 

254 385 

255 386 

256 387 

257 388 

258 .389 

259 390 

260 391 

261 392 

262 393 

263 394 

264 395 

265 396 

266 397 

267 398 

268 399 

269 400 

270 401 

271 402 

272 403 

273 404 

274 405 

275 406 

276 407 

277 408 

278 409 

278a 410 



C. L. Sec. Herein 

279 411 

280 412 

281 413 

281a 414 

281b 415 

281c-f r.'19,c.l35 

28l£ 416 

281h 417 

282 418 

283 419 

284 420 

285 421 

287 423 

288 424 

289 425 

290 426 

291 427 

292 428 

293 429 

294 430 

295 431 

296 432 

297 433 

298 434 

299 435 

300 436 

301 437 

302 438 

303 439 

304 440 

305 441 

306 442 

307 443 

308 444 

309 445 

310 446 

311 447 

312 448 

313 449 

314 450 

315 451 

316 452 

317 453 

318 454 

319 455 

320 456 

321 457 

322 458 

322a 459 

323 460 

324 461 

325 462 

325a 463 

326 464 

327 465 

328 466 

329 467 

330 468 

331 469 

332 470 

333 471 

334 472 

335 473 

336 474 

337 475 

338 476 

339 477 



2816 



COMPILED LAWS 



C. L. Sec. Herein 

340 478 

341 479 

342 * 480 

342e error for 343e 

343 481 

343a 482 

343b 483 

343c 484 

343d 485 

343e 486 

343f 487 

344 488 

345 489 

346 490 

347 491 

348 492 

349 493 

349a 494 

350 495 

351 496 

352 497 

353 ..." 498 

354 499 

355 500 

356 501 

357 502 

358 503 

359 504 

360 505 

361 506 

362 507 

363 508 

364 509 

365 510 

366 511 

367 512 

368 513 

369 514 

370 515 

27:1-44 ... r.'19,c.l07, 122 
382-92 r/19,c.l07, 122 

393 561 

394 562 

395 563 

396 564 

397 565 

398 566 

399 567 

400 568 

401 569 

402 570 

403 571 

404 572 

405 573 

406 574 

407 575 

408 576 

409 577 

410 578 

411 579 

412 580 

413 581 

414 582 

415 583 

416 584 

417 585 

418 586 



C. L. Sec. Herein 

419 587 

420 588 

421 589 

422 590 

423 591 

424 592 

425 593 

426 594 

426a 595 

527 596 

528 597 

528a 598 

429 599 

430 600 

431 601 

432 602 

433 603 

434 604 

435 605 

436 606 

437 607 

438 608 

32:1 609 

32:2 610 

32:3 611 

32:4 612 

32:5 613 

32:6 614 

32:7 615 

32:8 616 

32:9 617 

32:10 618 

32:11 619 

32:12 620 

32:13 621 

32:14 622 

439 623 

440 624 

441 625 

422 (error for 442) . . .626 

443 627 

444 628 

445 629 

446 630 

447 631 

448 632 

449 633 

450 ...634 

451 635 

452 636 

453 637 

454 638 

455 639 

456 640 

457 641 

458 642 

459 643 

460 644 

461 645 

462 646 

463 647 

464 648 

465 649 

466 650 

467 651 

468 652 

469 653 

2817 



C. L. Sec. Herein 

470 654 

471 655 

472 656 

473 657 

474 658 

475 659 

476 660 

477 661 

478 662 

479 663 

480 664 

481 665 

482 666 

483 667 

484 668 

37:1 679 

37:2 680 

37:3 681 

37:4 682 

37:5 683 

37:6 684 

37:7 685 

37:8 687 

37:9 688 

37:10 689 

37:11 690 

37:12 691 

37:13 692 

37:14 693 

37:15 694 

37:16 696 

37:17 697 

37:18 698 

37:19 699 

37:20 700 

37:21 701 

37:22 702 

37:23 703 

37:24 705 

37:25 706 

37:26 707 

37:27 708 

37:28 709 

37:29 710 

37:30 711 

37:31 712 

37:32 713 

37:33 714 

37:34 715 

37:35 716 

37:36 717 

37:37 718 

37:38 719 

37:39 720 

37:40 721 

37:41 722 

37:42 723 

37:43 724 

37:44 725 

37:45 726 

37:46 727 

37:47 728 

37:48 729 

37:49 730 

37:50 731 

37:51 732 



PARALLEL REFERENCES 



C. L. Sec. Herein 

37:52 733 

37:53 734 

37:54 735 

37:55 736 

87:56 737 

37:57 738 

37:58 739 

37:59 740 

37:60 741 

37:61 742 

37:72 743 

37:63 744 

37:64 745 

37:65 746 

37:66 747 

37:67 748 

37:68 749 

37:69 750 

37:70 751 

37:71 752 

37:72 753 

37:73 754 

37:74 755 

37:75 . . 756 

37:76 757 

37:77 758 

37:78 759 

37:79 760 

37:80 761 

37:81 762 

37:82 763 

37:83 764 

37:84 765 

37:85 766 

37:86 767 

37:87 768 

37:88 769 

37:89 770 

37:90 771 

37:91 772 

37:92 773 

37:93 774 

37:94 775 

37:95 776 

37:96 .777 

37:97 778 

37:98 779 

37:99 780 

37:100 781 

37:101 782 

37:102 783 

37:103 784 

37:104 785 

37:105 786 

37:106 787 

37:107 788 

37:108 789 

38:1 790 

38:2 791 

38:3 792 

38:4 , 793 

38:5 794 

38:6 795 

38:7 796 

38:8 797 

38:9 798 



C. L. Sec. Herein 

38:10 799 

38:11 800 

38:12 801 

38:13 802 

38:14-37 803 

38:38 804 

38:39 805 

38:40 180 

38:41 181 

38:42 182 

38:43 183 

38:44 184 

38:45 185 

38:46 186 

38:47 187 

38:48 807 

38:49 808 

38:50 809 

38:51 810 

38:52 811 

38:53 812 

38:54 813 

38:55 814 

38:56 815 

38:57 816 

38:58 817 

38:59 818 

38:60 819 

38:61 820 

38:62 821 

38:63 822 

38:64 823 

38:65 824 

38:66 825 

38:67 826 

38:68 827 

38:69 828 

38:70 829 

38:71 830 

38:72 .831 

38:73 832 

38:74 833 

38:75 874 

38:76 875 

38:77 876 

38:78 877 

38:79 878 

38:80 879 

38:81 880 

38:82 881 

38:83 882 

38:84 883 

38:85-9 884 

38:90 885 

38:91 886 

38:92 887 

38:93 888 

38:94 889 

38:95 890 

38:96 891 

38:97 ..892 

38:98 893 

38:99 894 

38:100 895 

38:101 896 

38:102 897 

2818 



C. L. Sec. Herein 

38:103 898 

38:104 902 

38:105 903 

38:106 904 

38:107 905 

38:108 906 

38:109 907 

38:110 908 

38:111 909 

38:112 910 

38:113 911 

38:114 912 

38:115 913 

38:116 914 

38:117 915 

38:118 916 

38:118a 917 

38:119 922 

38:120 923 

38:121 924 

38:122 925 

38:123 926 

38:124 927 

38:125 928 

38:126 929 

38:127 930 

38:128 931 

38:129 932 

38:130 933 

38:131 934 

38:132 935 

38:133 936 

38:134 937 

38:135 938 

38:136 939 

38:137 940 

38:138 941 

38:139 942 

38:140 943 

38:141 944 

38:142 945 

38:143 946 

38:144 947 

38:145 948 

38:146 949 

38:147 950 

38:148 951 

38:149 952 

38:150 953 

38:151 ..954 

38:152 955 

38:153 956 

38:154 806 

38:155-9 957 

38:160 958 

38:161 959 

38:162 960 

38:163 961 

38:164 962 

38:165 963 

38:166 964 

38:167 965 

38:168 966 

38:169 967 

38:170 968 

38:171 969 



COMPILED LAWS 



C. L. Sec. Herein 

38:172 970 

38:173 971 

38:174 972 

38:175 973 

38:176 974 

38:177 975 

38:178 976 

38:179 977 

38:180 978 

38:181 834 

38:182 835 

38:183 836 

38:184 837 

38:185 838 

38:186 839 

38:187 840 

38:188 841 

38:189 842 

38:190 843 

38:191 844 

38:192 845 

38:193 846 

38:194-207 847 

38:208-11 848 

38:212 849 

38:213 850 

38:214 851 

38:215 852 

38:216 853 

38:217 979 

38:218 980 

38:219 981 

38:220 982 

38:221 983 

38:222 984 

38:223 854 

38:224 855 

38:225 856 

38:226 857 

38:227 858 

38:228 859 

38:229 860 

38:230 861 

38:231-9 862 

38:240 ..863 

38:241 864 

38:242 865 

38:243 866 

38:244 867 

38:245 868 

38:246 869 

38:247 870 

38:248 871 

38:249 872 

38:250 873 

38:251 987 

38:252 988 

38:253 989 

38:254 990 

38:255 991 

38:256 992 

38:257 993 

38:258 994 

38:259 995 

38:260 996 

38:261 997 



C. L. Sec. Herein 

38:262 998 

38:263 999 

38:264 1000 

38:265 1001 

38:266 1010 

38:267 1011 

38:268 1012 

38:269 1013 

38:270 1014 

38:271 1015 

38:272 1016 

38:273 1017 

38:274 1018 

38:275 1019 

38:276 1020 

38:277 1021 

38:278 1022 

38:279 1023 

38:280 1024 

38:281 1025 

38:282 1026 

38:283 1027 

38:284 1028 

38:285 1029 

38:286 1030 

38:287 1031 

38:288 1032 

38:289 1033 

38:290 1034 

38:291 1035 

38:292 1036 

38:293 1037 

38:294 1038 

38:295 1039 

38:296 1040 

38:297 1041 

38:298 1042 

38:299 1043 

38:300 1044 

38:301 1045 

38:302 1046 

38:303 1047 

38:304 1048 

38:305 1049 

38:306 1050 

38:307 1051 

38:308 1052 

38:309 1053 

38:310 1054 

38:311 1055 

485 1056 

486 1057 

487 1058 

488 1059 

489 1060 

490 1061 

491 1062 

492 1063 

495 1064 

496 1065 

496a 1066 

497 1067 

498 1068 

499 1069 

40:1 1070 

40:2 1071 

2819 



C. L. Sec. Herein 

40:3 1072 

40:4 1073 

40:6 1074 

40:7 1075 

40:8 1076 

40:^ 1077 

40:10 1078 

40:11 1079 

500 1080 

501 1081 

502 1082 

503 1083 

504 1084 

506 1085 

507 1086 

508 1087 

509 1088 

510 1089 

511 1090 

512 1091 

514 1092 

516 1093 

517 1094 

518 1095 

519 1096 

520 1097 

521 1098 

523 1099 

524 1100 

525 1101 

526 1102 

527 1103 

528 1104 

529 1105 

532 1106 

43:1 1107 

43:2 1108 

43:3 1109 

545 1110 

546 1111 

547 1112 

548 1113 

549 1114 

551 1115 

553 1116 

554 1117 

557 1118 

45:1 1119 

45:2 1120 

45:3 1121 

46:1 1122 

46:2 1123 

46:3 1124 

46:4 1125 

46:5 1126 

46:6 1127 

47:1 1128 

47:2 1129 

47:3 1130 

47:4 1131 

47:5 1132 

47:7 1133 

47:8 1134 

47:9 1135 

47:10 113C 

47:11 1137 



PARALLEL REFERENCES 



C. L. Sec. Herein 

47:12 1138 

47:13 1139 

47:14 1140 

47:15 1141 

47:17 1142 

47:18 1143 

47:19 1144 

47:20 1145 

47:21 1146 

47:22 1147 

47:23 1148 

47:24 1149 

47:25 1150 

47:26 1151 

47:27 1152 

47:28 1153 

47:29 1154 

751 1155 

752 1156 

753 1157 

753a 1158 

753b 1159 

753c 1160 

754 1161 

755 1162 

756 1163 

757 1164 

758 1165 

759 1166 

760 1167 

761 1168 

762 1169 

763 1170 

764 1171 

765 1172 

766 1173 

767 1174 

768 1175 

769 1176 

770 1177 

771 1178 

772 1179 

773 1180 

774 1181 

775 1182 

776 1183 

777 1184 

778 1185 

779 1186 

780 1187 

781 1188 

782 1189 

783 1190 

783a 1191 

783b 1192 

783c 1193 

783d 1194 

783e 1195 

784 1196 

785 1197 

786-8 r.'19,c.8 

789 1198 

790 1199 

791 1200 

49:1 1201 

49:2-3 r.'19,c.8 



C. L. Sec. Herein 

49:4-5 obs. 

49:6 r.'19,c.8 

49:7 1202 

49:8 1203 

49:9 r.'19,c,128 

49:10 1204 

49:11 1205 

49:12 1206 

49:13 1207 

49:14 1208 

49:15 1209 

49:16 1210 

49:17 1211 

49:18 1212 

49:19 1213 

49:20 1214 

49:21 1215 

49:22 1216 

49:23 1217 

49:24 1218 

49:25 1219 

49:26 1220 

49:27 1221 

49:28 1222 

49:29 1223 

49:30 1224 

49:31 1225 

49:32 1226 

49:33 1227 

49:34 1228 

49:35 1229 

49:33 , 1230 

792 1250 

793 1251 

794 r.'19,c.8 

795 1252 

796 1253 

797 1254 

798 1255 

799 1256 

799a 1257 

51:1 1253 

51:2 125iJ 

51:3 1260 

51:4 1261 

51:5 1262 

833 1263 

834 1264 

835 1265 

836 1266 

837 1267 

838 1268 

839 1269 

840 1270 

841 1271 

842 1272 

842a 1273 

842b r.'19,c.l39 

842c 1274 

842d 1275 

843 1276 

844 1277 

845 1278 

846 1279 

847 1280 

848 1281 



C. L. Sec. Herein 

849 1282 

850 1283 

851 1284 

852 1285 

853 1286 

854 1287 

855 1288 

856 1289 

863-6 r.'19,c.l28 

867 1295 

868 1296 

869 1297 

870 ..• 1298 

871 1299 

872 1300 

873 1301 

874 1302 

874a 1303 

875 1304 

876 1305 

877 1306 

878 1307 

878a 1308 

879 1309 

880 1310 

881 1311 

882 ,.1312 

882a 1313 

882b 1314 

882c 1315 

883 1318 

883a 1319 

884 1320 

885 1321 

886 1322 

887 1323 

887a 1324 

887b 1325 

887c 1326 

887d 1327 

888 1328 

889 1329 

890 1330 

891 1331 

892 1332 

893 1333 

893a 1334 

893b 1335 

894 1336 

895 1337 

896 1338 

897 1339 

900 1340 

901 1341 

902 1342 

905 1343 

908 1344 

908a 1345 

912 1346 

913 1347 

914 1348 

915 1349 

928 1350 

928a 1351 

928b 1352 

929 1353 






2820 



COMPILED LAWS 



C. L. Sec. Herein 

930 1354 

931 *. 1355 

932 1356 

933 1357 

936 1358 

937 1359 

938 1360 

939 1361 

940 1362 

941 1363 

942 1364 

942a 1365 

943 1366 

944 1367 

945 1368 

946 1369 

947 1370 

948 1371 

949 1372 

950 1373 

951 1374 

952 1375 

952a 1376 

952b 1377 

952c 1378 

953 1379 

954 1380 

955 1381 

956 1382 

957 1383 

958 1384 

959 1385 

960 1386 

961 1387 

962 1388 

963 1389 

963g 1390 

963h 1391 

963i 1392 

964 1393 

965 1394 

966 1395 

967 1396 

968 1397 

969 1398 

970 1399 

971 1400 

972 1401 

973 1402 

974 1403 

975 1404 

976 1405 

977 1406 

978 1407 

979 1408 

980 1409 

981 1410 

982 1411 

983 1412 

984 ....1413 

985 1414 

986 1415 

987 1416 

988 1417 

989 1418 

990 1419 



C. L. Sec. Herein 

991 ..1420 

992 1421 

993 1422 

994 1423 

995 1424 

996 1425 

997 1426 

998 1427 

999 1428 

1000 1429 

1001 1430 

1002 1431 

1003 1432 

1004 1433 

1005 1434 

1006 1435 

1007 1436 

1008 1437 

1009 1438 

1010 1439 

1011 1440 

1912 1441 

1013 1442 

1014 1443 

1015 1444 

1016 1445 

1017 1446 

1018 1447 

1019 1448 

1020 1449 

1021 1450 

1022 1451 

1023 1452 

1024 1453 

1025 1454 

1026 1455 

1027 1456 

1028 1457 

1029 1458 

1030 1459 

1031 1460 

1032 1461 

1033 1462 

1034 1463 

1035 1464 

1036 1465 

1036a ..1466 

1037 1467 

1038 1468 

1041 1469 

1042 1470 

1043 1471 

1044 1472 

1045 1473 

1046 1474 

1047 1475 

1048 1476 

1049 1477 

1050 1478 

1051 1479 

1052 1480 

1053 1481 

1053a 1482 

1054 1483 

1055 1484 

1056 1485 



C. L. Sec. Herein 

1057 1486 

1058 1487 

1059 1488 

1060 1489 

62:1 1490 

62:2 1491 

62:3 1492 

62:4 1493 

62:5 1494 

62:6 1495 

62:6a 1496 

62:6b 1497 

62:6c 1498 

62:7 1499 

62:8 1500 

62:9 1501 

62:10 1502 

62:11 1503 

62:12 1504 

62:13 1505 

62:14 1506 

62:15 1507 

62:16 1508 

62:17 1509 

62:18 1510 

62:19 1511 

62:20 ....m2 

62:21 1513 

62:22 1514 

62:23 1515 

62:24 1516 

62:25 1517 

62:26 1518 

62:27 1519 

62:28 1520 

62:29 1521 

62:30 1522 

62:31 1523 

62:32 1524 

62:33 1525 

62:34 1526 

62:35 1527 

62:36 1528 

62:37 1529 

62:38 1530 

62:39 1531 

62:40 1532 

62:41 1534 

62:42 1535 

62:43 1536 

62:44 1537 

62:45 1538 

62:46 ..1539 

62:47 1540 

62:48 1541 

62:49 1542 

62:50 1543 

62:51 1544 

62:52 1545 

62:53 1546 

62:54 1547 

62:55 1548 

62:56 1549 

62:57 1550 

62:58 1551 

62:59 1552 



2821 



PARALLEL REFERENCES 



C. L. Sec. Herein 

62:60 1553 

62:61 1554 

62:62 1555 

62:63 1556 

62:63a 1557 

62:63b 1558 

62:63c 1559 

62:63d 1560 

62:63e 1561 

62:63f 1562 

62:63g 1563 

62:63h 1564 

62:63i 1565 

62:63j 1566 

62:63k 1567 

62:64 1568 

62:65 1569 

62:66 1570 

62:67 1571 

63:1-5 r.'19,c.8 

63:6 1572 

63:6a 1573 

63:7 1574 

63:7a 1575 

63:7b 1576 

63:8 1577 

63:8a 1578 

63:8b 1579 

63:9 1580 

63:10 1581 

63:10a 1582 

63:11 1583 

63:llg 1584 

63:llh 1585 

63:lli 1586 

63:llj 1587 

63:12 1588 

63:13 1589 

63:14 1590 

63:14a 1591 

63:14b 1592 

63:14c 1593 

63:14d 1594 

63:14e 1595 

63:14f 1596 

63:14g 1597 

63:15 1598 

63:16 1599 

63:17 1600 

63:18 1601 

63:19 1602 

63:20 1603 

63:21 1604 

63:21a 1605 

63:21b 1606 

63:21c 1607 

63:21d 1608 

63 :22 1609 

63:23 1610 

63:24 1611 

63:25 1612 

63:26 1613 

63:27 1614 

63:27a 1615 

63:28 1616 

63:29 1617 



C. L. Sec. Herein 

63:30 1618 

63:31 1619 

63:32 1620 

1080-1 r.'19,c.8 

1081a 1622 

1082-4 r.'19,c.8 

1085 1623 

1086 1624 

1086a 1625 

1086b r.'19,c.8 

1086c 1626 

1086d 1627 

1086e 1628 

1086f 1629 

1086g 1630 

1086h 1631 

1086i 1632 

1086j 1633 

1086k 1634 

10861 1635 

1086m 1636 

1086n 1637 

1086o 1638 

1086p 1639 

1086q 1640 

1086r 1641 

1086s 1642 

1086t 1643 

1086u 1644 

1086v 1645 

1086w 1646 

1086x 1647 

1087 1648 

1088 1649 

1089 1650 

1090 1651 

1091 1652 

1092 1653 

1093 1654 

1095 1655 

1096 1656 

1097 1657 

1097a 1658 

1097b 1659 

1098 1660 

1099 1661 

1100 1662 

1101 1663 

1102 1664 

1103 1665 

1104 1666 

1105 1667 

1106 1668 

1107 1669 

1108 1670 

65:1 1671 

65:2 1672 

65:3 1673 

65:4-6 r.'19,c.8 

65:7 1674 

65:8 1675 

65:9 1676 

65:10 r.'19,c.8 

65:11 1677 

65:12 1678 

65:13 1679 



C. L. Sec. Herein 

65:14 1680 

65:15 1681 

65:16 1682 

65:17 1683 

65:18 1684 

65:19 1685 

65:20 1686 

65:21 1687 

65:22 1688 

65:23 1689 

65:24 1690 

65:25 1691 

65:26 1692 

65:27 1693 

65:28 1694 

65:29 1695 

65:30 1696 

65:31 . . 1697 

65:32 1698 

65:32a 1699 

65:33 1700 

65:34 1701 

65:35 1702 

65:36 1703 

65:37 1704 

65:38 1705 

65:39 1706 

65:40 1707 

65:41 1708 

65:42 1709 

65:43 1710 

65:44 1711 

65:45 1712 

65:46 1713 

65:47 1714 

65:48 1715 

65:49 1716 

65:50 1717 

65:51 1718 

65:52 1719 

65:53 1720 

65:54 1721 

65:55 1722 

65:56 1723 

65:57 1724 

65:58 1725 

65:59 1726 

65:60 1727 

65:61 1728 

65:62 1729 

65:63 1730 

65:64 1731 

65:65 ..1732 

65:66 1733 

65:67 1734 

65:68 1735 

65:69 1736 

65:70 1737 

65:71 1738 

65:72 1739 

65:73 1740 

65:74 1741 

65:75 1742 

65:76 1743 

65:77 1744 

65:78 1745 



2822 



COMPILED LAWS 



C. L. Sec. Herein 

65:79 1746 

65:80 »... 1747 

65:81 1748 

65:82 1749 

65:83 1750 

65:84 1751 

65:85 1752 

65:86 1753 

65:87 1754 

65:88 1755 

65:89 1756 

65:90 1757 

65:91 1758 

65:92 1759 

65:93 1760 

65:94 1761 

65:95 1762 

65:96 1763 

65:97 1764 

65:98 1765 

65:99 1766 

65:100 1767 

65:101 1768 

65:102 1769 

65:103 1770 

65:104 1771 

65:105 1772 

65:106 1773 

65:107 1774 

65:108 1775 

65:109 1776 

65:110 1777 

65:111 1778 

65:112 1779 

65:113 1780 

65:114 1781 

65:115 1782 

65:116 1783 

65:117 1784 

65:118 1785 

65:119 1786 

65:120 1787 

65:121 1788 

65:122 1789 

65:123 1790 

65:124 1791 

65:125 1792 

65:126 1793 

65:127 1794 

65:128 1795 

65:129 1796 

65:130 1797 

65:131 1798 

65:132 1799 

65:133 1800 

65:134 1801 

65:135 1802 

65:136 1803 

65:137 1804 

65:138 1805 

65:139 1806 

65:140 1807 

65:141 1808 

65:142 1809 

65:143 1810 

65:144 1811 



C. L. Sec. Herein 

65:145 1812 

65:146 1813 

65:147 1814 

65:148 1815 

65:149 1816 

65:150 1817 

65:151 1818 

65:152 1819 

65:153 1820 

1153-9 r.'19,c.8 

1160-2 r.'19,c.35 

1163-4 r.'19,c.8 

1165-96 r.'19,c.35 

1197 1878 

1198 1879 

1198a 1880 

1198b 1881 

1199 1882 

1200 r.'19,c.l86 

1201 1884 

1202 1885 

1203 r.'19,c.l86 

1204 1886 

1204g r.'19,c.22 

1204h-i ri.'19,c.22 

1205-16g r.'19,c.35 

67:1 1887 

67:2 1888 

67:3 1889 

67:4 1890 

67:5 1891 

67:6 1892 

67:7 1893 

67:8 1894 

67:9 1895 

67:10 1896 

67:11 1897 

67:12 1898 

67:13 1899 

67:14 1900 

67:15 1901 

67:16 1902 

67:17 1903 

67:18 1904 

67:19 1905 

67:20 1906 

67:21 1907 

1217 1908 

1218 1909 

1219 1910 

1220 1911 

1221 1914 

1222 1915 

1223 1916 

1224 1917 

1225 1918 

1226 1919 

1227 r.'18,c.8 

1228 1920 

1229 1921 

1230 1922 

1231 1924 

1232 1925 

1233 1926 

1234 1927 

1235 1928 

2823 



C. L. Sec. Herein 

1236 1929 

1237 1930 

1238 1931 

1239 1932 

1240 1933 

1241 1934 

1242 1935 

1243 1936 

1244 1937 

1245 1938 

1246 1939 

1247 1940 

1248 1941 

1249 1942 

1250 1943 

1251 r.'19,c.l76 

1252 1944 

1253 1945 

1254 1946 

1255 1947 

1256 1948 

1257 1949 

1258 1950 

1259 1951 

1260 1952 

1261 1953 

1262 1954 

1263 1955 

1264 1956 

1265 1957 

1266 1958 

1267 1959 

1268 1960 

1269 1961 

1270 1962 

1271 1963 

1272 1964 

1273 1965 

1274 1966 

1275 .1967 

1276 1968 

1277 1969 

1278 1970 

1279 1971 

1280 1972 

1281 1973 

1282 1974 

1283 1975 

1283a 1976 

1284 1977 

1285 1978 

1286 1979 

1287 1980 

1288 1981 

1289 1982 

1290 1983 

1290a 1984 

1290g 1985 

1291 1987 

1292 1988 

1293 1989 

1294 1990 

1295 . 1991 

1296 1992 

1297 1993 

1298 1994 



Vol. Ill— 8 



PARALLEL REFERENCES 



C. L. Sec. Herein. 

1299 1995 

1299a 1996 

L299b 1997 

1299c 1998 

1299d 1999 

1299e 2000 

1299f 2001 

1299£ 2002 

1299h 2003 

12991 2004 

1299j 2005 

1299k 2006 

1300 2007 

1301 2008 

1301a 2009 

1302 2011 

1303 2012 

1304 2013 

1305 2014 

1306 2015 

1307 2016 

1308 2017 

1309 2018 

77:1-5,7,8 r.'19,c.8 

77:6 279 

78:1 2019 

78:2 2020 

78:3 2021 

78:4 2022 

78:5 2023 

78:6 2024 

78:7 2025 

78:8 2026 

78:9 2027 

78:10 2028 

78:11 2029 

78:12 2030 

79:1-5 r.'19.c.8 

79:6 277 

79:7-9 r.'19,c.8 

79:10 2031 

79:11 2032 

79:12 2033 

79:13 2034 

79:14 2035 

79:15 2036 

79:16 2037 

79:17-21 r/19,c.37 

79:22 2042 

79:23 2043 

79:24 2044 

79:25 2045 

79:26 2046 

79:27 2047 

79:28 2048 

79:29 2049 

79:30 2050 

79:31 2051 

79:32 2052 

79:33 2053 

79:34 2054 

79:35 2055 

79:36 2056 

79:37 2057 

79:38 2058 

1310-13a r.'19,c.8 



C. L. Sec. Herein 

1313b 3444 

1314-5 r.'19,c.8 

1315a 2063 

1315b 2064 

1315c 2065 

1316 2066 

1317 r.'19,c.8 

1317a 2067 

1318 2068 

1319 2069 

1321 2070 

1322 2071 

1323 ....2072 

1324a 2073 

1325 2074 

1326 2075 

1326a 2076 

1326b 2077 

1326c 2078 

1326d 2079 

1326g 2080 

1328 2081 

1328g 2082 

1328h 2083 

1328i ...2084 

1328j 2085 

1329 r.'19,c.8 

1330a-b r.'19,c.8 

1330c 3445 

1330d r.'19,c.8 

81:1 2086 

81:2 2087 

81:3 2088 

81:4 2089 

81:5 2090 

1330 2091 

1331 2092 

1332 2093 

1333 2094 

1334 2095 

1335 2096 

1336 2097 

1337 2098 

1338 2099 

1339 2100 

1340a 2101 

1340b 2102 

1341 r.'19,c.8 

1342 2103 

1343 r.'19,c.8 

1345 2104 

1346 2105 

1347 2106 

1348 2107 

1349 2108 

1350 2109 

1351 2110 

1352 2111 

1353 2112 

1354 2113 

1355 2114 

1356 2115 

1357-9 r.'19,c.8,60 

1360-5 r.'19,c.60 

1366-7 r.'19,c.8 

1368 2137 

2824 



C. L. Sec. Herein 

1369 2138 

1370 2139 

1371 2140 

1372-84 r , 19,c.34 

1374-74e, 1376 ... r.'19,c.8 
1385-8 r.'19,c.8 

1389 2172 

1390 2173 

1391 2174 

1392 2175 

1393 2176 

1394 2177 

1395 2178 

1396 2179 

1397 2180 

1398 2181 

1399 2182 

1400 2183 

1400g 2184 

1400h 2185 

14001 2186 

1400j 4187 

1400k 2188 

1400 1 2189 

88:1-3 r.'19,c.8 

88:4 2190 

88:5 2191 

88:6 2192 

88:7 2193 

88:8 2194 

88:9 2195 

88:10 2196 

88:11 2197 

89:1 2198 

89:2 2199 

89:3 2200 

89:4 2201 

89:5 2202 

89:6 2203 

89:7 2204 

89:8 2205 

89:9 2206 

89:10 2207 

90:1-4 r.'19,c.8 

90:5 2208 

90:6 2209 

90:7 2210 

90:8 2211 

90:9 2212 

90:10 ri.'19,c.8 

90:11 2213 

90:12 2214 

90:13 2215 

90:14 2216 

90:15 2217 

91:1 r.'19,c.8 

91:2 2218 

91:3 2219 

91:4 2220 

91:5 2221 

92:1-9 r.'19,c.8 

92:10 2222 

92:11 2223 

92:12 2224 

92:13 2225 

92:14 2226 



COMPILED LAWS 



C. L. Sec. Herein 

92:15 2227 

92:16 - 2228 

92:17 2229 

92:18 2230 

92:19 2231 

92:20 2232 

92:21 2233 

1401 r.'19,c.8 

1402 2234 

1403 2235 

1404 2236 

1405 2237 

1406 2238 

1407 2239 

1408 2240 

1409 2241 

1410 2242 

1411 2262 

1412 2263 

1413 2264 

1414 2265 

1415 2266 

1416 2267 

1417 2268 

1418 2269 

1419 2270 

1420 2271 

1421 3372 

1422 2273 

1424 2274 

1425 2275 

1426 2280 

1427 2281 

1428 2282 

1429 2283 

1430 2284 

1431 2285 

1432 2286 

1433 2287 

1434 2288 

1435 2289 

1436 2290 

1437 2291 

1438 2292 

1439 2293 

1440 2294 

1441 2295 

1442 2296 

97:1 2297 

97:2 2298 

97:3 2299 

97:4 2300 

97:5 2301 

97:6 2302 

97:7 2303 

97:8 2304 

97:9 2305 

97:10 2306 

97:11 2307 

1443 2308 

1444 2309 

1445 2310 

1446 2311 

1447 2312 

1448 2313 

1449 2314 

1450 2315 



C. L. Sec. Herein 

1451 2316 

1452 2317 

1453 2318 

1454 2319 

1455 2320 

1456 2321 

1456a ....2322 

1457 2323 

1461 2324 

1462 2325 

1462a 2326 

1463 2327 

1464 2328 

1465 2329 

1466 2330 

1467 2331 

1468 2332 

1474 2335 

1475 2336 

1476 2337 

1476a 2338 

1477 2339 

1494 2349 

1495 2342 

1496 2343 

1497 2344 

1498 :.2345 

1499 2346 

1500 2347 

1501 2348 

1502 2349 

1503 2350 

1504 2351 

1505 2352 

1528 2353 

1529 2354 

1529a 2355 

1530 2356 

1531 2357 

1532 2358 

1533 2359 

105:1 2360 

105:2 2361 

105:3 2362 

105:4 2363 

105:5 2364 

105:6 2365 

105:7 2366 

105:8 2367 

106:1 2368 

106:2 2369 

106:3 2370 

106:4 2371 

106:5 2372 

106:6 2373 

106:7 2374 

106:8 2375 

106:9 2376 

106:10 2377 

106:11 2378 

106:12 2379 

106:13 2380 

106:14 2381 

106:15 2382 

106:16 2383 

106:17 2384 

106:18 2385 

2825 



C. L. Sec. Herein 

106:19 2386 

106:20 2387 

106:21 2388 

106:22 2389 

106:23 2390 

106:24 2391 

106:25 ,.2392 

106:26 2393 

106:27 2394 

106:28 2395 

106:29 2396 

106:30 2397 

106:31 2398 

106:32 2399 

106:33 2400 

106:34 2401 

106:35 2402 

106:36 2403 

106:37 2404 

106:38 2405 

106:39 2406 

106:40 1407 

106:41 2408 

106:42 2409 

106:43 2410 

106:44 2411 

106:45 2412 

106:46 2413 

106:47 2414 

106:48 2415 

106:49 2416 

106:50 2417 

106:51 2418 

106:52 2419 

106:53 2420 

106:54 2421 

106:55 2422 

106:56 2423 

106:57 2424 

106:58 2425 

106:59 2426 

106:60 2427 

106:61 2428 

106:62 2429 

106:63 2430 

106:64 2431 

106:65 2432 

106:66 2433 

106:67 .. 2434 

106:68 2435 

106:69 2436 

106:70 2437 

106:71 2438 

106:72 2439 

106:73 2440 

106:74 2441 

106:75 2442 

106:76 2443 

106:77 2445 

106:78 2446 

106:79 2447 

106:80 2448 

106:81 2449 

106:82 2450 

106:83 2451 

106:84 2452 

106:85 2453 



PARALLEL REFERENCES 



C. L. Sec. Herein 

106:86 2454 

106:87 2455 

106:88 2456 

106:89 2457 

106:90 2458 

106:91 2459 

106:92 2460 

106:93 2461 

106:94 2462 

106:95 2463 

106:96 2464 

106:97 2465 

106:98 2466 

106:99 2467 

106:100 2468 

106:101 2469 

106:102 2470 

106:103 2471 

106:104 2472 

106:105 2473 

106:106 2474 

106:107 2475 

106:108 2476 

106:109 2477 

106:110 2478 

106:111 2479 

106:112 2480 

106:113 2481 

106:114 2482 

106:115 2483 

106:116 2484 

106:117 2485 

106:118 2486 

106:119 2487 

106:120 2488 

106:121 2489 

106:122 2490 

106:123 2491 

106:124 2492 

106:125 2493 

106:126 2494 

106:127 2495 

106:128 2496 

106:129 2497 

106:130 2498 

106:131 2499 

106:132 2500 

106:133 2501 

106:134 2502 

106:135 2503 

106:136 2504 

106:137 2505 

106:138 2506 

106:139 2507 

106:140 2508 

106:141 2509 

106:142 2510 

106:143 2511 

106:144 2512 

106:145 2513 

106:146 2514 

106:147 2515 

106:148 2516 

106:149 2517 

106:150 2518 

106:151 2519 



C. L. Sec. Herein 

106:152 2520 

106:153 2521 

106:154 2522 

106:155 2523 

106:156 2524 

106:157 2525 

106:158 2526 

106:159 2527 

106:160 2528 

106:161 2529 

106:162 2530 

107:1 2531 

107:2 2532 

107:3 2533 

107:4 2534 

107:5 2535 

107:6 2536 

107:7 2537 

107:8 2538 

107:9 2539 

107:10 2540 

107:11 2541 

107:12 2542 

107:13 2543 

107:14 2544 

107:15 2545 

107:16 2546 

107:17 2547 

1534 2548 

1535 2549 

1536 2550 

1537 2551 

1538 2552 

1539 2553 

1540 2554 

109:1 r.'19,c.8 

109:2 2555 

109:3 2556 

109:4 2557 

109:5 2558 

109:6 2559 

109:7 2560 

109:8 2561 

109:9 2562 

109:10 2563 

109:11 2564 

109:12 2565 

109:13 2566 

109:14 1567 

109:15 2568 

109:16 2569 

109:17 2570 

109:18 2571 

109:19 2572 

109:20 2573 

109:21 2574 

109:22 2575 

109:23 2576 

109:24 2577 

109:25 2578 

109:26 2579 

109:27 2580 

109:28 2581 

1546 2582 

1547 2583 

1548 2584 

2826 



C. L. Sec. Herein 

1549 2585 

1550 2586 

1551 2587 

1552 2588 

1553 2589 

1553a 2590 

1554 2591 

1554a 2592 

1555 2593 

1556 2594 

1557 2595 

114:1 2596 

114:2 2597 

114:3 2598 

114:4 2599 

114:5 2600 

115:1 2601 

115:2 2602 

115:3 2603 

116:1 2604 

116:2 2605 

116:3 2606 

116:4 2607 

116:5 2608 

116:6 2609 

116:7 2610 

116:8 2611 

116:9 2612 

116:10 2613 

116:11 2614 

116:12 2615 

116:13 2616 

116:14 2617 

116:15 2618 

116:16 2619 

116:17 2620 

116:18 2621 

116:19 2622 

116:20 2623 

116:21 2624 

116:22 2625 

116:23 2626 

116:24 2627 

116:25 2628 

116:26 2629 

116:27 2630 

116:28 2631 

116:29 2632 

116:30 2633 

116:31 2634 

116:32 2635 

116:33 2636 

116:34 2637 

116:35 2638 

116:36 2639 

116:37 2640 

116:38 2641 

116:39 2642 

116:40 2643 

116:41 2644 

116:42 2645 

116:43 2646 

116:44 2647 

116.45 2648 

116:46 2649 

117:1,6 r.'19,c.8 






COMPILED LAWS 



C. L. Sec. Herein 

117:2 2651 

117:3 * 2652 

117:4 2653 

117:5 2654 

117:7 2655 

117:8 2656 

117:9 2657 

117:10 2658 

117:11 2660 

117:12 2661 

117:16 2666 

117:17 2667 

117:18 2668 

117:19 2669 

117:20 2670 

117:21 2671 

117:22 2672 

117:23 2673 

117:24 2674 

117:25 2675 

117:26 2676 

117:27 2677 

117:28 2678 

117:29 2686 

117:30 2688 

117:31 2689 

117:32 2690 

117:33-39 s.'19,c.65 

117:40 2697 

117:41 s.'19,c.65 

117 42 2699 

117:43 2702 

117:44 '.. s.'19,c.65 

117:45 2700 

117:46 2701 

117:47 s.'19,c.65 

117:48 2703 

117:49-50 2700 

117:51 2701 

117:52 2704 

117:53 2701 

117:54 2705 

117:55 2706 

117:56 2707 

117:57 2708 

117:58 2709 

117:59 2710 

117:60 2711 

117:61 2712 

117:62 2713 

117:63 2714 

117:64 2715 

117:65 2716 

117:66 2717 

117:67 2718 

117:68 2719 

117:69 2720 

117:70 2721 

117:71 2723 

117:72 2724 

117:73 2725 

117:74 2726 

117:75 2727 

117:76 2728 

117:77 2730 

117:78 2731 



C. L. Sec. Herein 

117:79 2732 

117:80 2733 

117:81 2734 

117:82 2735 

117:83 2735 

117:84 2736 

117:85 2737 

117:86 2738 

117:87 2739 

117:88 2740 

117:89 2741 

117:90 2742 

117:91 2743 

117:92 2744 

117:93 2749 

117:94 2750 

117:95 2751 

117:96 2752 

117:97 2753 

117:98 2754 

117:99-100 2755 

117:101 2756 

117:102 2757 

117:103 2758 

117:104 2759 

117:105 2760 

117:106 2761 

117:107 2762 

117:108 2764 

117:109 2765 

117:110 2766 

117:111 2767 

117:112 2768-9 

117:113-4 2771 

117:115 2772 

117:116-20 2773 

117:121 2774 

117:122 2773 

117:123 2776 

117:124 2777 

117:125 2779 

117:126 2780 

117:127 2781 

117:128 2782 

117:129 2793 

117:130 2794 

117:131 2795 

117:132 2796 

117:133 2797 

117:135 2798 

117:136 2799 

117:137 2800 

117:138 2801 

117:139 2802 

117:140 2803 

117:141 2804 

117:142-3 2805 

117:145 2806 

117:146 2807 

117:147 2808 

117:148 2809 

117:149 2810 

117:150 2811 

117:151 2813 

117:152 2814 

117:153 2815 

2827 



C. L. Sec. Herein 

117:154 r/19,e.65 

117:155 2816 

117:156 2817 

117:157 2818 

117:158 2819 

117:159 2820 

118:1 2821 

118:2 2822 

118:3 2824 

118:4 2825 

118:5 2826 

118:6 '. 2827 

118:7 2828 

118:8 2829 

118:9 2830 

118:10 2831 

118:11 2832 

118:12 2833 

118:13 2834 

118:14 2835 

118:15 2836 

118:16 2837 

118:17 2838 

118:18 2839 

118:19 2840 

118:20 2841 

118:21 2842 

118:22 2843 

118:23 2844 

118:24 2845 

118:25 2846 

118:26 2847 

118:27 2848 

118:28 2849 

118:29 2850 

118:30 2851 

118:31 2852 

118:32 2853 

118:33 2854 

118:34 2855 

118:35 2856 

118:36 2857 

118:37 2858 

118:38 2859 

1558-60 r. , 19,c.81 

1561 2885 

1562 2886 

1562a 2887 

1563 2888 

1564 2889 

1564a 2890 

1565 2891 

1566 2892 

1566a 2893 

1567 2894 

1568 2895 

120:1 2896 

120:2 2897 

120:3 2898 

120:4 2899 

120:5 2900 

120:6 2901 

1569 2902 

1570 2903 

1571 2904 

1572 2905 



PARALLEL REFERENCES 



C. L. Sec. Herein 

1573 2906 

1574 2907 

1575 2908 

1576 2909 

1577 2910 

1577a 2911 

1578 2912 

1579 2913 

1580 2914 

1580a 2915 

1581 2916 

1582 2917 

1584 2918 

1585 2919 

1586 2920 

1588 2925 

1589 2926 

1590 2927 

1591 2928 

1592 2929 

1593 2930 

1594 2931 

1595 2932 

1596 2933 

1597 2934 

1598 2935 

1599 2936 

1600 2937 

1601 2938 

1602 2939 

1603 2940 

123:1 2956 

123:2 2957 

123:3 2958 

123:4 2959 

123:5 2960 

123:6 2961 

123:7 2962 

123:8 2963 

123:9 2964 

123:10 2965 

123:11 2966 

123:12 2967 

123:13 2968 

123:14 2969 

123:15 2970 

123:16 2971 

123:17 2972 

123:18 2973 

123:19 2974 

123:20 2975 

123:21 2976 

123:22 2977 

123:23 2978 

123:24 2979 

123:25 2980 

123:26 2981 

123:27 2982 

1604 2941 

1605 2942 

1605a 2943 

1606 2944 

1607 2945 

1608 2946 

1609 2947 

1610 2948 



C. L. Sec. Herein 

1611 2949 

1612 2950 

1612a 2951 

125:1 2952 

125:2 2953 

125:3 2954 

125:4 2955 

126:1-6 r.'19,c.8 

126:7 2983 

126:8 2984 

126:9 2985 

126:10 2986 

126:11 2988 

126:12 2989 

126:13 2990 

126:14 2991 

126:15 2992 

126:16 2993 

126:17 2994 

126:18 2995 

1613 2996 

1614 2997 

1615 2998 

1616 2999 

1617 3000 

1618 3001 

1619 3002 

1620 3003 

1621 3004 

1622 3005 

1623 3006 

1624 3007 

1625 3008 

1626 3009 

1626a 3010 

1626b 3011 

1626c 3012 

1627 3013 

1628 3014 

1628a 3015 

1628b 3016 

1629 3017 

1629a 3018 

1629b 3020 

1629c 3019 

1629d 3021 

1629e 3022 

1629f 3023 

1629g 3024 

1629h 3025 

1629i 3026 

1629j 3027 

1629k 3028 

1630 3029 

1631 3030 

1632 3031 

1633 3032 

1634 3033 

128:1 3034 

128:2 3035 

128:3 3036 

128:4 3037 

128:5 3038 

129:1 3039 

129:2 3040 

129:3 3041 

2828 



C. L. Sec. Herein 

129:4 3042 

129:5 3043 

129:6 3044 

129:7 3046 

129:8 3047 

129:9 3048 

129:10 3049 

129:11 3050 

129:12 3051 

130:1 3052 

130:2 3053 

130:3 r.'19,c.l71 

130:4 3054 

130:5 3055 

130:6 3056 

130:7 3057 

130:8 3058 

130:9 3059 

130:10 3060 

131:1 3069 

131:2 3070 

131:3 3071 

131:4 3072 

131:5 .3073 

131:6 3074 

132:1 3086 

132:2 3087 

132:3 3088 

132:4 3089 

132:5 3090 

132:6 3091 

132:7 3092 

132:8 3093 

132:9 3094 

132:10 3095 

132:11,12 r.'19,c.30 

133:1 3096 

133:2 3097 

133:3 3098 

133:4,4a-4u 3099 

133:5 3100 

133:6 3101 

133:7 3102 

133:8 3103 

133:9 3104 

133:10 3105 

133:11 3106 

133:12 3107 

133:13 3108 

133:14 3109 

133:15 3110 

133:16 3111 

133:17 3112 

133:18 3113 

133:19 3114 

133:20 3115 

133:21 3116 

133:22 3117 

133:23 3118 

133:24 3119 

133:25 3120 

133:26 3121 

133:27 3122 

133:28 3123 

133:29 3124 

133:30 3125 






COMPILED LAWS 



C. L. Sec. Herein 

133:31 3126 

133:32 3127 

133:33 3128 

133:34 3129 

133:35 3130 

133:36 3131 

133:37 3132 

133:38 3133 

133:39 3134 

133:40 3135 

133:41 3136 

133:42 3137 

133:43 3138 

133:44 3139 

133:45 3140 

133:46 3141 

133:47 3142 

133:48 3143 

133:49 3144 

133:50 3145 

133:51 3146 

133:51a 3147 

133:51b 3148 

133:52 3149 

133:53 3150 

133:54 3151 

133:55 3152 

133:56 3153 

133:57 3154 

133:58 3155 

133:59 3156 

133:60 3157 

133:61 3158 

133:62 3159 

133:63 3160 

133:64 3161 

133:65 3162 

133:66 3163 

133:67 3164 

133:68 3165 

133:69 3166 

133:70 3167 

133:71 3168 

133:72 3169 

133:73 3170 

133:74 3171 

133:75 3172 

133:76 3173 

133:77 3174 

133:78 3175 

133:79 3176 

133:80 3177 

133:81 3178 

133:82 3179 

133:83 3180 

133:84 3181 

133:85 3182 

133:86 3183 

133:87 3184 

133:88 3185 

133:89 3186 

133:90 3U87 

133:91 3188 

133:92 3189 

133:93 3190 

133:94 3191 



C. L. Sec. Herein 

133:95 3192 

133:96 3193 

133:96a 3201 

133:96b 3202 

133:96c 3203 

133:96d 3204 

133:96e 3205 

133:96f 3206 

133:96g 3207 

133:96h 3208 

133:96i 3209 

133:96j 3210 

133:97 3211 

133:98 ...3212 

133:99 3213 

133:99a 3214 

133:99b 3215 

133:99c 3216 

133:99d 3217 

133:99e 3218 

133:99f 3219 

133:100 3220 

133:101 3221 

133:102 3222 

133:103 3223 

133:104 3224 

133:105 3225 

133:106 3226 

133:107 3227 

133:107a 3228 

133:108 3229 

133:109 3230 

133:110 3231 

133:111 3232 

133:112 3233 

133:113 3234 

133:114 3235 

133:115 3236 

133:116 3237 

133:117 3238 

133:118 3239 

133:119 3240 

133:120 3241 

133:121 r.'19,c.77 

133:122 3242 

133:123 3243 

133:124 3244 

133:125 3245 

133:126 3246 

133:127 3249 

133:128 3250 

133:129 3251 

133:130 3252 

133:131 r. , 19c,.77 

133:132 3253 

133:133 3254 

133:133a 3255 

133:134 r.'19,c.77 

133:135 r.'19,c.77 

133:136 r.'19,c.77 

133:137 3256 

133:138 r.'19,c.77 

133:139 3257 

133:140 3258 

133:141 3259 

133:142 3260 

2829 



C. L. Sec. Herein 

133:143 3261 

133:144 3262 

133:145 3263 

133:146 3264 

133:147 3265 

133:148 3266 

133:149 3267 

133:149a 3268 

133:149b 3269 

133:149c 3270 

133:149d 3271 

133:150 3272 

133:151 3273 

133:152 3274 

133:153 3275 

133:154 3276 

133:154a 3277 

133:154b 3278 

133:155 3279 

133:156 3280 

133:157 3281 

133:158 3282 

133:159 3283 

133:160 3284 

133:161 3285 

133:162 3286 

133:163 3287 

133:164 3288 

133:165 3289 

133:166 3290 

133:167 3291 

133:167a 3292 

133:168 3293 

133:169 3294 

133:170 3295 

133:171 3296 

133:171a-d r.'19,c.75 

133:172 3297 

133:173 3298 

133:174 3299 

133:175 3300 

133:176 3201 

133:177 3302 

133:177a 3203 

133:178 3304 

133:179 3305 

133:180 3306 

133:181 3307 

133:182 3308 

133:183 3309 

133:184 3310 

133:185 3311 

133:186 3312 

133:188 3313 

133:189 3314 

133:190 3315 

133:191 3316 

133:192 3317 

133:193 3318 

133:194 3319 

133:195 3320 

133:196 3321 

133:197 3322 

133:198 3323 

133:198a 3324 

133:199 3325 



PARALLEL REFERENCES 



C. L. Sec. Herein 

133:200 3326 

133:201 3327 

133:202 3328 

133:203 3329 

133:204 3330 

133:205 3331 

133:206 3332 

133:207 3333 

133:208 3334 

133:209 3335 

133:210 3336 

133:211 3337 

133:212 3338 

1828 3341 

1829 3342 

1830 3343 

1831 3344 

1832 3345 

1833 3346 

1834 3347 

1835 3348 

1836 3349 

1837 3350 

1839 3351 

1840 3352 

135:1 3354 

135:2 3355 

135:3 3356 

135:4 3357 

135:5 3358 

135:6 3359 

1863 3360 

1864 3361 

1865 3362 

1866 3363 

1867 3364 

1868 3365 

1868a 3366 

1869 3367 

1870 3368 

1871 3369 

1872 3370 

1873 3371 

1874 3372 

1875 3378 

1876 3374 

1877 3375 

1878 3376 

1879 3377 

1880 3378 

1881 3379 

1882 3380 

1883 3381 

1884 3382 

1885 3383 

1886 3384 

1887 3385 

1888 3386 

1889 3387 

1890 3388 

1891 3389 

1892 3390 

1893 3391 

1894 3392 

1895 3393 

1896 3394 



C. L. Sec. Herein 

1897 3395 

1898 3396 

1899 3397 

1900 3398 

1901 3399 

1902 3400 

1903 3401 

1904 3402 

1905 3403 

1906 3404 

1907 3405 

1908 3406 

1909 3407 

1910 3408 

1911 3409 

1912 3410 

1913 3411 

1914 3412 

1915 3413 

1916 3414 

1917 3415 

1917a 3416 

1917b 3417 

1917c 3418 

1917d 3419 

1917e .3420 

1917f 3421 

1917g 3422 

1917h 3423 

1917i 3424 

1917j 3425 

1917k 3426 

19171 3427 

1917m 3428 

1917n 3429 

1917o 3430 

1917p 3431 

1917q 3432 

1917r 3433 

1917s 3434 

1917t 3435 

1917u 3436 

1917v 3437 

1917w 3438 

1917x 3439 

1917y 3440 

1917z 3441 

1918 3442 

1918a 3443 

1918n 3450 

1919 3451 

1920 3452 

1921 3453 

1922 3454 

1923 3455 

1924 3456 

1925 3457 

1926 3458 

1927 3459 

1928 3460 

1929 3461 

1930 3462 

1931 3463 

1932 3464 

1933 3465 

1934 3466 

2830 



C. L. Sec. Herein 

1934g 3470 

1934h 3471 

1934i 3472 

1934J 3473 

1934k 3474 

1935 3475 

1936 3476 

1937 3477 

1938 3478 

1940 3479 

1941 3480 

1942 3481 

1942a 3482 

1942b 3483 

1942g 3492 

1942h 3493 

1942i 3494 

1942J .." 3495 

1942k 3496 

19421 3497 

1942m 3498 

1942n 3499 

1942o 3500 

1942p 3501 

1943 3502 

1944 3503 

1945 3504 

1946 3505 

1947 3506 

1948 3507 

1949 3508 

1950 3509 

1951 3510 

1952 3511 

1953 3512 

1954 3513 

1955 3514 

1956 3515 

1957 3516 

1958 3517 

1959 3518 

1960 3519 

1961 3520 

1962 3521 

1963 3522 

1964 3523 

1965 3524 

1966 3525 

1967 3526 

1968 3527 

1969 3528 

1970 3529 

1971 3530 

1972 3531 

1972a 3532 

1972b 3533 

1972c 3534 

1972d 3535 

1972e 3536 

1972f 3537 

1972s 3538 

1972h 3539 

1972i 3540 

1972j 3541 

1972k 3542 

1973 3543 



COMPILED LAWS 



C. L. Sec. Herein 

1974 3544 

1975 *. 3545 

1976 3546 

1977 3547 

1978 3548 

1979 3549 

1980 3550 

1981 3551 

1982 3552 

1983 3553 

1984 3554 

1985 3555 

1986 3556 

1987 3557 

1988 3558 

1988a 3559 

1989 3560 

1990 3561 

1991 3562 

1991a 3563 

1992 3564 

1993 3565 

1994 3566 

1995 3567 

1996 3568 

1997 3569 

1998 3570 

1999 3571 

2000 3572 

2001 3573 

2002 3574 

2003 3575 

2004 3576 

2005 3577 

2006 3578 

2007 3579 

2008 3580 

2009 3581 

2010 3582 

2011 3583 

2012 3584 

2013 3585 

2014 3586 

2015 3587 

2016 3588 

2017 3589 

2018 3590 

2019 3591 

2020 3592 

2021 3593 

2022 3594 

2023 3595 

2024 3596 

2025 3597 

2026 3598 

2027 3599 

2028 3600 

2029 3601 

2030 3602 

2031 3603 

2032 3604 

2033 3605 

2034 3606 

2035 3607 

2036 3608 

2037 3609 



C. L. Sec. Herein 

2038 3610 

2039 3611 

2040 3612 

2041 3613 

2042 3614 

2043 3615 

2044 3616 

2045 3617 

2046 3618 

2047 3619 

2048 3520 

2049 3621 

2050 3622 

2051 3623 

2052 3624 

2053 3625 

2054 3626 

2055 3627 

2056 3628 

2057 3629 

2058 3630 

2059 3631 

2060 3632 

2061 3633 

2062 3634 

2062a 3635 

2063 , 3636 

2064 3637 

2065 3638 

2066 3639 

2067 3640 

2068 3641 

2069 3642 

2070 3643 

2071 3644 

2072 ,3645 

2073 3646 

2074 3647 

2075 3648 

2076 3649 

2077 3650 

2078 3651 

2079 3652 

2080 3653 

2081 3654 

2082 3655 

2083 3656 

2084 3657 

2085 3658 

2086a 3659 

2086b 3660 

2086c 3661 

2086d 3662 

2086e 3663 

2086f 3664 

2086g 3665 

2087 3666 

2088 3667 

2089 3668 

2090 3669 

2091 3670 

2092 3671 

2093 3672 

2094 3673 

2095 3674 

2096 3675 

2831 



C. L. Sec. Herein 

2097 3676 

2098 3677 

2099 3678 

2100 3679 

2101 3680 

2102 3681 

2103 3682 

2104 3683 

2105 3684 

2106 3685 

2107 3686 

2108 3687 

2109 3688 

2110 3689 

2111 3690 

2112 3691 

2113 3692 

2114 3693 

2115 3694 

2116 3695 

2117 3696 

2117a 3697 

2117b 3698 

2118 3699 

2119 3700 

2120 3701 

2121 3702 

2121a 3703 

2122 3704 

2123 3705 

2124 3706 

2124a 3707 

2124b 3708 

2125 3709 

2126 3710 

2127 3711 

2128 3712 

2129 3713 

2129a 3714 

2130 3715 

2131 3716 

2132 3717 

2133 3718 

2134 3719 

2135 3720 

2136 3721 

2137 3722 

2138 3723 

2139 3724 

2140 3725 

2141 3726 

2142 3727 

2143 3728 

2144 3729 

2145 3730 

2146 3731 

2146a 3732 

2146d 3733 

2146e 3734 

2146f 3735 

2146g 3736 

2146h 3737 

2146i 3738 

2146j 3739 

2146k 3740 

21461 3741 



PARALLEL REFERENCES 



C. L. Sec. Herein 

2146q 3742 

2146r 3743 

214Gs 3744 

214Ct 3745 

2146u 3746 

2146v 3747 

144:1 3748 

144:2 3749 

144:3 3750 

144:4 3751 

144:5 3752 

144:6 3753 

144:7 3754 

144:8 3755 

145:1 3756 

145:2 3757 

145:3 3758 

146:1 3759 

146:2 3760 

146:3 3761 

146:4 3762 

146:5 3763 

2147 3764 

2148 3765 

2149 3766 

2150 3767 

2151 3768 

2152 3769 

2153 3770 

2154 3771 

2155 3772 

2156 3773 

2157 3774 

2158 3775 

2159 3776 

2160 3777 

2161 3778 

2162 3779 

2163 3780 

2164 3781 

2165 3782 

2166 3783 

2167 3784 

2168 3785 

2169 3786 

148:1 3787 

148:2 3788 

148:3 3789 

148:4 3790 

148:5 3791 

148:6 3792 

148:7 3793 

148:8 3794 

148:9 3795 

148:10 3796 

148:11 3797 

148:12 3798 

148:13 3799 

148:14 3800 

148:15 3801 

148:16 3802 

148:17 3803 

148:18 3804 

148:19 3805 

148:20 3806 

148:21 3807 



C. L. Sec. Herein 

148:22 3808 

148:23 3809 

148:24 3810 

148:25 3811 

148:26 3812 

148:27 3813 

148:28 3814 

148:29 3815 

148:30 3816 

148:31 3817 

148:32 3818 

148:33 3819 

148:34 3820 

148:35 3821 

148:36 3822 

148:37 3823 

148:38 3824 

148:39 3825 

148:40 3826 

148:41 3827 

148:42 3828 

148:43 3829 

148:44 3830 

148:45 3831 

148:46 3832 

148:47 3833 

148:48 3834 

148:49 3835 

148:50 3836 

148:51 3837 

148:52 .3838 

148:53 3839 

148:54 3840 

148:55 3841 

148:56 3842 

148:57 3843 

148:58 3844 

148:59 3845 

148:60 3846 

148:61 3847 

2170 3848 

2171 3849 

2172 3850 

2173 3851 

2174 3852 

2175 3853 

2176 3854 

2177 3855 

2178 3856 

2179 3857 

2180 3858 

2181 3859 

2182 3860 

2183 3861 

2184 3862 

2185 3863 

2186 3864 

2187 3865 

2188 3866 

2189 3867 

2190 3868 

2191 3869 

2192 3870 

2193 3871 

2194 3872 

2195 3873 

2832 



C. L. Sec. Herein 

2196 3874 

2197 3875 

2198 3876 

2199 3877 

2200 3878 

2201 3879 

2202 3880 

2203 3881 

2204 3882 

2205 3883 

2206 3884 

2207 3885 

2208 3886 

2209 3887 

2210 3888 

2211 3889 

2212 3890 

2213 3891 

2214 3892 

2215 3893 

2216 3894 

2217 3895 

2218 3896 

2219 3897 

2220 3898 

2221 3899 

2222 3900 

2223 3901 

2224 3902 

2225 3903 

2226 3904 

2227 3905 

2228 3906 

2229 3907 

2230 3908 

2231 3909 

2232 3910 

2233 3911 

2234 3912 

2235 3913 

151:1 3914 

151:2 3915 

151:3 3916 

151:4 3917 

151:5 3918 

151:6 3919 

151:7 3920 

151:8 3921 

151:9 3922 

151:10 3923 

151:11 3924 

151:12 3925 

151:13 3926 

151:14 3927 

151:15 3928 

152:1 3929 

152:2 3930 

152:3 3931 

152:4 3932 

152:5 3933 

152:6 3934 

152:7 3935 

152:8 3936 

152:9 3937 

152:10 3938 

152:11 3939 






COMPILED LAWS 



C. L. Sec. Herein 

152:12 3940 

152:13 / 3941 

152:14 3942 

152:15 3943 

152:16 3944 

152:17 3945 

152:18 3946 

152:19 3947 

152:20 3948 

152:21 3949 

152:22 3950 

152:23 3951 

152:24 3852 

152:25 3953 

152:26 3954 

152:27 3955 

152:28 3956 

152:29 3957 

152:30 3958 

152:31 3959 

152:32 3960 

152:33 3961 

152:34 3962 

152:35 3963 

152:36 -3964 

152:37 3965 

152:38 3966 

152:39 3967 

152:40 3968 

152:41 3969 

152:42 3970 

152:43 3971 

152:44 3972 

152:45 3973 

152:46 3974 

152:47 3975 

152:48 3976 

152:49 3977 

152:50 3978 

152:51 3979 

152:52 3980 

152:53 3981 

152:54 3982 

152:55 3983 

152:56 3984 

152:57 3985 

152:58 3986 

152:59 3987 

152:60 3988 

152:61 3989 

152:62 3990 

152:63 3991 

152:64 3992 

152:65 3993 

152:66 3994 

152:67 3995 

152:68 3996 

152:69 3997 

152:70 3998 

152:71 3999 

152:72 4000 

152:73 4001 

152:74 4002 

152:75 4003 

152:76 4004 

152:77 4005 



C. L. Sec. Herein 

152:78 4006 

152:79 4007 

152:80 4008 

152:81 4009 

152:82 4010 

152:83 4011 

152:84 4012 

152:85 4013 

152:86 ..4014 

152:87 4015 

152:88 4016 

152:89 4017 

152:90 4018 

152:91 4019 

152:92 4020 

152:93 4021 

152:94 4022 

152:95 4023 

152:96 .4024 

152:97 4025 

152:98 4026 

152:99 4027 

152:100 4028 

2245 4029 

2246 4030 

2247 4031 

2248 4032 

2249 4033 

2250 4034 

2251 4035 

2252 4036 

2253 4037 

2254 4038 

2255 4039 

2256 .. 4040 

2257 4041 

2258 4042 

2258a 4043 

2259 4044 

2260 4045 

2261 4046 

2262 4067 

2263 4048 

2264 4049 

2265 4050 

2266 4051 

2267 4052 

2268 4053 

2269 4055 

2270 4056 

2271 4057 

2272 4058 

2273 4059 

2274 4060 

2275 4061 

2276 4062 

2276a 4063 

2277 4064 

2278 4065 

2279 4066 

2280 4067 

2281 4068 

2282 4069 

2283 4070 

2284 4071 

2285 4072 

2833 



C. L. Sec. Herein 

2286 4073 

2287 4074 

2288 4075 

2289 4076 

2290 4077 

2291 4078 

2292 4079 

2293 4080 

2294 4081 

2295 4082 

2296 ..4083 

2297 4084 

2298 4085 

2299 4086 

2300 4087 

2301 4088 

2302 4089 

2303 4090 

2304 4091 

2305 4092 

2306 4093 

2307 4094 

2308 4095 

2309 4096 

2310 4097 

2311 4098 

2313 4099 

2314 4100 

2314a 4101 

2314b 4102 

2314c 4103 

2314d 4104 

2314e 4105 

2314f ...4106 

2314g 4107 

2314h 4108 

2315-2315g 4109 

2315h 4109a 

2315i 4109b 

2315] 4109c 

2315k 4109d 

23151 4110 

2315m 4111 

2315n 4112 

2315o 4113 

2316 4114 

2317 4115 

2318 4116 

2319 4117 

2320 4118 

2321 4119 

2322 4120 

160:1 , 4121 

160:2 4122 

160:3 4123 

160:4 4124 

160:5 4125 

160:6 4126 

160:7 4127 

160:8 4128 

160:9 4129 

160:10 4130 

160:11 4131 

160:12 4132 

160:13 4133 

160:14 4134 



PARALLEL REFERENCES 



C. L. Sec. Herein 

100:15 4135 

100:16 4136 

100:17 4137 

100:18 4138 

100:19 4139 

100:20 4140 

100:21 4141 

100:22 4142 

160:23 4143 

160:24 4144 

160:25 4145 

100:20 4146 

100:27 4147 

100:28 4148 

160:29 4149 

160:30 4150 

160:31 4151 

160:32 4152 

160:33 4153 

160:34 4154 

160:35 4155 

160:36 4156 

160:37 4157 

160:38 4158 

160:39 4159 

160:40 4160 

2361 4161 

2362 4162 

2363 4163 

2364 4164 

2365 4165 

2366 4166 

2367 4167 

2368 4168 

2369 4169 

2370 4170 

2371 4171 

162:1 4172 

162:2 4173 

162:3 4174 

162:4 4175 

162:5 4176 

162:6 4177 

162:7 4178 

162:8 4179 

162:9 4180 

162:10 4181 

162:11 4182 

162:12 4183 

162:13 4184 

162:14 4185 

162:15 4186 

162:16 4187 

162:17 4188 

162:18 4189 

162:19 4190 

162:20 4191 

162:21 4192 

162:22 4193 

162:23 4194 

162:24 ...4195 

162:25 4196 

162:26 4197 

162:27 4198 

162:28 4199 

162:29 4200 



C. L. Sec. Herein 

102:30 4201 

102:31 4202 

102:32 4203 

162:33 4304 

162:34 4305 

162:35 4306 

102:30 4307 

162:37 4308 

162:38 4209 

162:39 4210 

162:40 4211 

162:41 4212 

162:42 4213 

162:43 4214 

162:44 4215 

162:45 4216 

162:46 4217 

162:47 4218 

162:48 4219 

162:49 4220 

162:50 4221 

162:51 4222 

162:52 4223 

162:53 4224 

162:54 4225 

162:55 4226 

162:56 4227 

162:57 4228 

162:58 4229 

162:59 4230 

162:60 4231 

162:61 4232 

162:62 4233 

162:63 4234 

162:64 4235 

162:65 4236 

162:66 4237 

162:67 4238 

162:68 4239 

162:69 4240 

162:70 4241 

162:71 4242 

162:72 4243 

162:73 4244 

162:74 4245 

162:75 4246 

162:76 „4247 

162:77 4248 

162:78 4249 

162:79 4250 

162:80 4251 

162:81 4252 

162:82 4253 

162:83 4254 

162:84 4255 

162:85 4256 

162:86 4257 

162:87 4258 

162:88 4259 

162:89 4260 

162:90 4261 

162:91 4262 

162:92 4263 

162:93 4264 

162:94 4265 

162:95 4266 



C. L. Sec. Herein 

162:96 4267 

162:97 4268 

162:98 4269 

162:99 4270 

162:100 4271 

162:101 4272 

162:102 4273 

162:103 4274 

162:104 4275 

162:105 4276 

162:106 4277 

162:107 4278 

162:108 4279 

162:109 4280 

162:110 4281 

162:111 4282 

162:112 4283 

162:113 4284 

162:114 4285 

162:115 4286 

162:116 4287 

162:117 4288 

162:118 4289 

162:119 4290 

162:120 4291 

162:121 4292 

162:122 4293 

162:123 4294 

162:124 4295 

162:125 4296 

162:126 4297 

162:127 ..4298 

163:1 4299 

163:2 4300 

163:3 4301 

163:4 4302 

163:5 4303 

163:6 4304 

163:7 4305 

163:8 4306 

163:9 4307 

163:10 4308 

163:11 4309 

163:12 4210 

163:13 4311 

163:14 4312 

2372 4313 

2373 4314 

2374 4315 

2374a 4316 

2374b 4317 

2374c 4318 

2374d 4319 

2374e 4320 

2374f 4321 

2375 4322 

2375a 4323 

2376 4324 

2376a 4325 

2377 4326 

2377a 4327 

2377b 4328 

2377c 4329 

2378 4330 

2378a 4331 

2378b 4332 



2834 



COMPILED LAWS 



C. L. Sec. Herein 

2378c 4333 

2378d 4334 

2379 4335 

2380 -. 4336 

2380a 4337 

2380b 4338 

2381 4339 

2382 4340 

2383 4341 

2384 4342 

2385 4343 

2385a 4344 

2385b 4345 

2386 4346 

2386n 4347 

2386o 4349 

2386p 4348 

2387 4350 

2388 4351 

2389 4352 

2390 4353 

2391 4354 

2392 4355 

2393 4356 

2394 4357 

2395 4358 

2396 4359 

2397 4360 

2397a 4361 

2399 4362 

2400 4363 

2401 4364 

2402 4365 

2403 4366 

2404 4367 

2404a 4368 

2405 4369 

2406 4370 

2406a 4371 

2406b 4372 

2406c 4373 

2406d 4374 

2406g 4375 

2406h 4376 

2406i 4377 

2406j 4378 

2406k 4379 

24061 4380 

2406m 4381 

2406n 4382 

2406o 4383 

2407 4384 

2408 4385 

2409 4386 

2410 4387 

2411 4388 

2412 4389 

2413 4390 

2414 4391 

2414a 4392 

2415 4401 

2415a 4402 

2416 4403 

2416a 4404 

2417 4405 

2418 4406 



C. L. Sec. Herein 

2419 4407 

2420 4408 

2421 4409 

2422 4410 

2423 4411 

2424 4412 

2425 4413 

2426 4414 

2427 4415 

2428 4416 

2429 4417 

2430 4418 

2431 4419 

2432 4420 

2433 4421 

2434 4422 

2435 4423 

2435a 4424 

2435b 4425 

2436 4426 

2437 4427 

2437a 4428 

2437b 4429 

2437c 4430 

2437d 4431 

2437e 4432 

2437f 4433 

2437g 4434 

2437h 4435 

2438 4436 

2438a 4437 

2438b 4435 

2438c 4439 

2438d 4440 

2438n 4441 

2438o 4442 

2440 4443 

2441 4444 

2442 4445 

2443 4446 

165:1 4447 

165:2 4448 

165:3 4449 

165:4 4450 

165:5 4451 

165:6 4452 

165:7 4453 

166:1 4454 

166:2 4455 

166:3 4456 

166:4 4457 

166:5 4458 

166:6 4459 

166:7 4460 

166:8 4461 

166:9 4462 

166:10 4463 

166:11 4464 

166:12 4465 

167:1 4466 

167:2 4467 

167:3 4468 

167:4 4469 

167:5 4470 

167:6 4471 

167:7 4472 

2835 



C. L. Sec. Herein 

167:8 4473 

167:9 4474 

167:10 4475 

167:11 4476 

167:12 4477 

167:13 4478 

167:14 4479 

167:15 4480 

167:16 4481 

167:17 4482 

167:18 4483 

167:19 4484 

167:20 4485 

167:21 4486 

167:22 4487 

167:23 4488 

167:24 4489 

167:25 4490 

167:26 4491 

167:27 4492 

168:1 4493 

168:2 4494 

168:3 4495 

168:4 4496 

168:5 4497 

168:6 4498 

168:7 4499 

168:8 4500 

168:9 4501 

168:10 4502 

168:11 4503 

168:12 4504 

168:13 4506 

168:14 4507 

168:15 4508 

168:16 4509 

168:17 4510 

168:18 4511 

168:19 4512 

168:20 4513 

168:21 4514 

168:22 4515 

168:23 4516 

168:24 4517 

168:25 4518 

168:26 4519 

168:27 4520 

168:28 4522 

168:29 4523 

168:30 4524 

168:31 4525 

168:32 4526 

168:33 4527 

168:34 4528 

168:35 4529 

168:36 4530 

168:37 4531 

168:38 4532 

168:39 4533 

168:40 4534 

168:41 4535 

168:42 4536 

168:43 4537 

168:44 4538 

168:45 4539 

168:46 4540 



PARALLEL REFERENCES 



C. L. Sec. Herein 

168:47 4541 

168:48 4542 

168:49 4543 

168:50 4544 

168:51 4545 

168:52 4546 

168:53 4547 

168:54 4548 

168:55 4549 

168:56 4550 

168:57 4551 

168:58 4552 

168:59 4555 

169:1 4556 

169:2 4557 

169:3 4558 

169:4 4559 

169:5 4560 

169:6 4561 

169:7 4562 

169:8 4563 

169:9 4564 

169:10 4565 

169:11 4566 

169:12 4567 

169:13 4568 

169:14 4569 

169:15 4570 

169:16 4571 

169:17 4572 

169:18 4573 

169:19 4574 

169:20 4575 

169:21 4576 

169:22 4777 

169:23 4578 

169:24 4579 

169:25 4580 

169:26 4581 

169:27 4582 

2601 4583 

2602 4584 

2603 4585 

2604 4586 

2605 4587 

2606 4588 

2607 4589 

2608 4590 

2611 4591 

2612 4592 

2613 4593 

2614 4594 

2615 4595 

2616 4596 

2617 4597 

2618 4598 

2619 4599 

2620 4600 

2621 4601 

2622 4602 

2623 4603 

2624 4604 

2625 4605 

2626 4606 

2627 4607 

2628 4608 



C. L. Sec. 
2629 


Herein 
4609 


2630 


4610 


2631 


4611 


2632 


4612 


2633 


4613 


2634 


4614 


2635 


4615 


2636 , 


4616 


2637 


4617 


2638 . 


4618 


2639 . 


4619 


2640 


4620 


2641 


4621 


2642 


4622 


2643 


4623 



2644 4624 

2645 4625 

2646 4626 

2647 4627 

2648 4628 

2649 4629 

2650 5630 

2651 4631 

2652 4632 

2653 4633 



2654 . 

2655 . 

2656 , 

2657 . 

2658 , 

2659 . 

2660 , 

2661 , 

2662 , 
2663 

2664 , 

2665 . 
2666 

2667 . 

2668 , 

2669 , 

2670 , 

2671 , 
2572 , 

2673 , 

2674 , 

2675 , 

2676 , 

2677 , 

2678 , 

2679 , 

2680 . 

2681 , 

2682 , 

2683 , 

2684 , 

2685 , 
2686 
2686a 

2687 , 

2688 , 
2689 
2690 
2691 
2692 , 
2693 



4634 
4635 
,4636 
,4637 
,4638 
,4639 
,4640 
,4641 
,4642 
.4643 
,4644 
.4645 
.4646 
.4647 
.4648 
,4649 
.4650 
.4651 
,4652 
,4653 
,4654 
.4655 
.4656 
,4657 
.4658 
.4659 
.4660 
.4661 
,4662 
.4663 
,4664 
,4665 
.4666 
.4667 
.4668 
.4669 
.4670 
.4671 
.4672 
.4673 
.4674 



C. L. Sec. Herein 

2694 4675 

2695 4676 

2696 4677 

2697 4678 

2698 4679 

2699 4680 

2699a 4681 

2700 4682 

2701 4683 

2702 4684 

2703 4685 

2704 4686 

2705 4687 

2706 4688 

2707 4689 

2708 4690 

2709 4691 

2710 4692 

2711 4693 

2712 4694 

2713 4695 

2714 4696 

2715 4697 

2716 4698 

2717 4699 

2718 4700 

2719 4701 

2719a 4702 

2720 4703 

2721 4704 

2722 4705 

2723 4706 

2724 4707 

2725 4708 

2726 4709 

2727 4710 

2728 4711 

2729 4712 

2730 4713 

2731 4714 

2732 4715 

2733 4716 

2734 4717 

2735 4718 

2736 4719 

2737 4720 

2738 4721 

2739 4722 

2740 4723 

2741 4724 

2742 4725 

2743 4726 

2744 4727 

2745 4728 

2746 4729 

2747 4730 

2748 4731 

2749 4732 

2750 4733 

2751 4734 

2752 4735 

2753 4736 

2754 4737 

2755 4738 

2756 4739 

2757 4740 



2836 



COMPILED LAWS 



C. L. Sec. Herein 

2758 4741 

2759 4742 

2760 4743 

2761 T 4744 

2762 4745 

2763 4746 

2764 4747 

2765 4748 

2766 4749 

2767 4750 

2768 4751 

2769 4752 

2770 4753 

2771 4754 

2772 4755 

2773 4756 

2774 4757 

2775 4758 

2776 4759 

2777 4760 

2778 4761 

2779 4762 

2780 4763 

2781 4764 

2782 4765 

2783 4766 

2787 4767 

2788 4768 

2789 4769 

2790 4770 

2791 4771 

2792a 4772 

2792b 4773 

2792c 4774 

2792d 4775 

2792e 4776 

2792f 4777 

2792g 4778 

2792h 4779 

207:1 4780 

207:2 4781 

207:3 4782 

207:4 4783 

207:5 4784 

207:6 4785 

207:7 4786 

207:8 4787 

207:9 4788 

207:10 4789 

207:11 4790 

207:12 4791 

207:13 4792 

2793 4793 

2794 4794 

2795 4795 

2796 4796 

2797 4797 

2798 4798 

2799 4799 

2800 4800 

2801 4801 

2802 4802 

2803 4803 

2804 4804 

2805 4805 

2806 4806 



C. L. Sec. Herein 

2807 4807 

2808 4808 

2809 4809 

2810 4810 

2811 4811 

2812 4812 

2813 4813 

2815 4814 

2816 4815 

2817 4816 

2818 4817 

2819 4818 

2820 4819 

2821 4820 

2822 4821 

2823 4822 

2824 4823 

2825 4824 

2826 4825 

2827 4826 

2828 4827 

2829 4828 

2830 4829 

2831 4830 

2832 4831 

2833 4832 

2834 4833 

2835 4834 

2836 4835 

2837 4836 

2837a 4837 

2837b 4838 

2837c 4839 

2837d 4840 

2837e 4841 

2838 4842 

2840 4843 

2841 4844 

2842 4845 

2843 4846 

2844 4847 

2845 4848 

2846 4849 

2847 4850 

2848 4851 

2849 4852 

2850 4853 

2851 4854 

2852 4855 

2853 4856 

2854 4857 

2961 4858 

2962 4859 

2963 4860 

2964 4861 

2965 4862 

2966 4863 

2967 4864 

214:1 4865 

214:2 4866 

214:3 4867 

214:4 4868 

214:5 4869 

3011 4870 

3012 4871 

3012a 4872 

2837 



C. L. Sec. Herein 
3012b 4873 

3013 4874 

3014 4875 

3016 4876 

3017 4877 

3017a 4878 

3018 4879 

3019 4880 

3020 4881 

3021 4882 

3022 4883 

3023 4884 

3024 4885 

3025 4886 

3026 4887 

3027 4888 

3028 4889 

3029 4890 

3030 ...' 4891 

3031 4892 

3032 4893 

3033 4894 

3034 4895 

3035 4896 

3036 4897 

3037 4898 

3038 4899 

3039 4900 

3041 4901 

3042 4902 

3043 4903 

3044 4904 

3045 4905 

3046 4906 

3047 4907 

3048 4908 

3049 4909 

3050 4910 

3051 4911 

3052 4912 

3053 4913 

3054 4914 

3055 4915 

220:1-7 r.'19,c.8 

220:8 4916 

220:9 4917 

220:10 4918 

220:11-13 r.'19,c.8 

220:14 4919 

220:15 4920 

220:16 4921 

220:17 4922 

220:18 4923 

220:19 4924 

220:20 4925 

220:21 4926 

220:22 4927 

220:23 4928 

220:24 4929 

220:25 4930 

220:26 4931 

220:27 4932 

220:28 4933 

220:29 4934 

220:30 4935 

220:31 4936 



PARALLEL REFERENCES 



C. L. Sec. Herein 

220:32 4937 

220:33 4938 

220:34 4939 

220:35 4940 

220:36 4941 

220:37 4942 

220:38 4943 

220:39 4944 

220:40 4945 

220:41 4946 

220:42 4947 

220:43 4948 

220:44 4949 

220:45 4950 

220:46 4951 

220:47 4952 

220:48 4953 

220:49 4954 

220:50 4955 

220:51 4956 

220:52 4957 

220:53 4958 

220:54 4959 

220:55 4960 

220:56 4961 

220:57 4962 

220:58 4963 

220:59 4964 

220:60 4965 

220:61 4966 

220:62 4967 

220:63 4968 

220:64 4969 

220:65 4970 

220:66 4971 

220:67 4972 

220:68 4973 

220:69 4974 

220:70 4975 

220:71 4976 

220:72 4977 

220:73 4978 

220:74 4979 

220:75 4980 

220:76 4981 

220:77 4982 

220:78 4983 

220:79 4984 

220:80 4985 

220:81 4986 

220:82 4987 

220:83 4988 

220:84 4989 

220:85 4990 

220:86 4991 

220:87 4992 

220:88 4993 

220:89 4994 

220:90 4995 

220:91 4996 

220:92 4997 

220:93 4998 

220:94 4999 

220:95 5000 

220:96 5001 

220:97 5002 



C. L. Sec. Herein 

220:98 5003 

220:99 5004 

220:100 5005 

220:101 5006 

220:103 5007 

220:103 5008 

220:104 5009 

220:105 5010 

220:106 5011 

220:107 5012 

220:108 5013 

220:109 5014 

220:110 5015 

220:111 5016 

220:112 5017 

220:113 5018 

220:114 5019 

220:115 5020 

220:116 5021 

220:117 5022 

220:118 5023 

220:119 5024 

220:120 5025 

220:121 5026 

220:122 5027 

220:123 5028 

220:124 5029 

220:125 5030 

220:126 5031 

220:127 5032 

220:128 5033 

220:129 5034 

220:130 5035 

220:131 5036 

220:132 5037 

220:133 5038 

220:134 5039 

220:135 5040 

220:136 5041 

220:137 5042 

220:138 5043 

220:139 5044 

220:140 5045 

220:141 5046 

220:142 5047 

220:143 5048 

220:144 5049 

220:145 5050 

220:146 5051 

220:147 5052 

220:148 5053 

220:149 5054 

220:150 5055 

220:151 5056 

220:152 5057 

220:153 5058 

220:154 5059 

220:155 5060 

220:156 5061 

220:157 5062 

220:158 5063 

220:159 5064 

220:160 5065 

220:161 5066 

220:162 5067 

220:163 5068 



C. L. Sec. Herein 

220:164 5069 

220:165 5070 

220:166 5071 

220:167 5072 

220:168 5073 

220:169 5074 

220:170 5075 

220:171 5076 

220:172 5077 

220:173 5078 

220:174 5079 

220:175 5080 

220:176 5081 

220:177 5082 

220:178 5083 

220:179 5084 

220:180 5085 

220:181 5086 

220:182 5087 

220:183 5088 

220:184 5089 

220:185 5090 

220:186 5091 

220:187 5092 

220:188 5093 

220:189 5094 

220:190 5095 

220:191 5096 

220:192 5097 

220:193 5098 

220:194 5099 

220:195 5100 

220:196 5101 

220:197 5102 

220:198 5103 

220:199 5104 

220:200 5105 

220:201 5106 

220:202 5107 

220:203 5108 

220:204 5109 

220:205 5110 

220:206 5111 

220:207 5112 

220:208 5113 

220:209 5114 

220:210 5115 

220:211 5116 

220:212 5117 

220:213 5118 

220:214 5119 

220:215 5120 

220:216 5121 

220:217 5122 

221:1 5123 

221:2 5124 

221:3 5125 

221:4 5126 

221:5 5127 

221:6 5128 

221:7 5129 

221:8 5130 

221:9 5131 

221:10 5132 

221:11 5133 

221:12 5134 



2838 



COMPILED LAWS 



C. L. Sec. Herein 

221:13 5135 

222:1 5136 

222:2 5137 

222:3 ! 5138 

222:4 5139 

222:5 5140 

222:6 5141 

222:7 5142 

222:8 5143 

222:9 5144 

222:10 5145 

222:11 5146 

222:12 5147 

222:13 5148 

222:14 5149 

222:15 5150 

222:16 5151 

222:17 5152 

222:18 5153 

222:19 5154 

222:20 5155 

222:21 5156 

222:22 5157 

222:23 5158 

222:24 5159 

222:25 5160 

222:26 5161 

222:27 5162 

222:28 5163 

222:29 5164 

222:30 5165 

222:31 5166 

222:32 5167 

222:33 5168 

222:34 5169 

222:35 5170 

222:36 5171 

222:37 5172 

222:38 5173 

222:39 5174 

222:40 5175 

222:41 5176 

222:42 5177 

222:43 5178 

222:44 5179 

222:45 5180 

222:46 5181 

222:47 5182 

222:48 5183 

222:49 5184 

222:50 5185 

222:51 5186 

222:52 5187 

222:53 5188 

222:54 5189 

222:55 5190 

222:56 5191 

222:57 5192 

222:58 5193 

222:59 5194 

222:60 5195 

222:61 5196 

222:62 5197 

223:1-9 r.'19,c.8 

223:10 5205 

223:11 5206 



C. L. Sec. Herein 

223:12 5207 

223:13 5208 

223:14 5209 

223:15 5210 

223:16 r.'19,c.8 

223:17 5212 

223:18 5213 

223:19 5214 

223:20 5215 

223:21 5216 

223:22 5217 

223:23 5218 

223:24 5219 

223:25 5220 

223:26 5221 

223:27 5222 

223:28 5223 

223:29 5224 

223:30 5225 

223:31 5226 

223:32 5227 

223:33 5228 

223:34 5229 

223:35 5230 

223:36 5231 

223:37 5232 

223:38 5233 

223:39 5234 

223:40 .5235 

223:41 5236 

223:42 5237 

223:43 5238 

223:44 5239 

223:45 5240 

223:46 5241 

223:47 5242 

223:48 5243 

223:49 5244 

223:50 ...5245 

223:51 5246 

223:52 5247 

223:53 5248 

223:54 5249 

223:55 5250 

223:56 5251 

223:57 5252 

223:58 5253 

223:59 5254 

223:60 5255 

223:61 5256 

223:62 5257 

223:63 5258 

223:64 5259 

223:65 5260 

223:66 5261 

223:67 5262 

223:68 5263 

223:69 5264 

223:70 5265 

223:71 5266 

223:72 5267 

223:73 5268 

223:74 5269 

223:75 5270 

223:76 5271 

223:77 5272 



C. L. Sec. Herein 

223:78 5273 

223:79 5274 

223:80 5275 

223:81 5276 

223:82 5277 

223:83 5278 

223:84 5279 

223:85 5280 

223:86 5281 

223:87 5282 

223:88 5283 

223:89 5284 

223:90 5285 

223:91 5286 

223:92 5287 

223:93 5288 

223:94 5289 

223:95 5290 

223:96 5291 

223:97 5292 

223:98 5293 

223:99 5294 

223:100 5295 

223:101 5296 

223:102 5297 

223:103 5298 

223:104 5299 

223:105 5300 

223:106 5301 

223:107 5302 

223:108 5303 

223:109 5304 

224:1 5305 

224:2 5306 

224:3 5307 

224:4 5308 

224:5 5309 

224:6 5310 

224:7 5311 

224:8 5312 

224:9 5313 

224:10 5314 

224:11 5315 

224:12 5316 

224:13 5317 

224:14 5318 

224:15 5319 

224:16 5320 

224:17 5321 

224:18 5322 

224:19 5323 

224:20 5324 

3056 5325 

3057 5326 

3058 5327 

3059 5328 

3061 5329 

3062 5330 

3063 5331 

3064 5332 

3065 5333 

3066 5334 

3067 5335 

3068 5336 

3069 5337 

3070 5338 



2839 



PARALLEL REFERENCES 



C. L. Sec. Herein 

8071 5339 

3072 5340 

3073 5341 

3074 5342 

3075 5343 

3076 5344 

3077 5345 

3078 5346 

3079 5347 

3080 5348 

3081 5349 

3082 5350 

3083 5351 

3084 5352 

3085 5353 

3086 5354 

3087 5355 

3088 5356 

3089 5357 

3090 5358 

3091 5359 

3092 5360 

3093 5361 

3094 5362 

3095 5363 

3096 ..5364 

3097 5365 

3098 5366 

3099 3567 

3100 5368 

3101 5369 

3102 5370 

3103 5371 

3104 5372 

3105 5373 

3110 5374 

3111 5375 

3112 5376 

3113 5377 

3114 5378 

3115 5379 

3116 5380 

3117 5381 

3118 5382 

3119 5383 

3120 5384 

3121 5385 

3122 5386 

3123 5387 

3124 5388 

3125 5389 

3126 5390 

3127 5391 

3128 5392 

3129 5393 

3130 5394 

3131 5395 

3132 5396 

3133 5397 

3134 5398 

3135 5399 

3136 5400 

3137 5401 

3138 5402 

3139 5403 

3140 5404 



C. L. Sec. Herein 

3141 5405 

3142 5406 

3143 5407 

3144 5408 

3145 5409 

3146 5410 

3147 5411 

3148 5412 

3149 5413 

3150 5414 

3151 5415 

3152 5416 

3153 5417 

3154 5418 

3155 5419 

3156 5420 

3157 5421 

3158 5422 

3159 5423 

3160 5424 

3161 5425 

3162 5426 

3163 5427 

3164 5428 

3165 5429 

3166 5430 

3167 5431 

3168 5432 

3169 5433 

3170 5434 

3171 5435 

3172 5436 

3173 5437 

3174 5438 

3175 5439 

3176 5440 

3177 5441 

3178 5442 

3179 ; 5443 

3180 5444 

3181 5445 

3182 5446 

3183 5447 

3184 5448 

3185 5449 

3186 5450 

3187 5451 

3188 5452 

3189 5453 

3190 5454 

3191 5455 

3192 5456 

3193 5457 

3194 5458 

3195 5459 

3196 5460 

3197 5461 

3198 5462 

3199 5463 

3200 5464 

3201 5465 

3202 5466 

3203 5467 

3204 5468 

3205 5469 

228:1 5470 

2840 



C. L. Sec. Herein 

228:2 5471 

228:3 5472 

228:4 5473 

228:5 5474 

228:6 5475 

228:7 5476 

228:8 5477 

228:9 5478 

228:10 5479 

228:11 5480 

229:1 5485 

229:2 5486 

229:3 5487 

229:4 5488 

229:5 5489 

229:6 5490 

229:7 5491 

229:8 5492 

229:9 5493 

229:10 ., 5494 

229:11 5495 

229:12 5496 

229:13 5497 

229:14 5498 

229:15 5499 

229:16 5500 

229:17 5501 

229:18 5502 

229:19 5503 

229:20 5504 

229:21 5505 

229:22 5506 

229:23 5507 

229:24 5508 

229:25 5509 

229:26 5510 

229:27 5511 

229:28 5512 

229:29 5513 

229:30 5514 

229:31 5515 

229:32 5516 

229:33 5517 

229:34 5518 

229:35 5519 

3206 5520 

3207 5521 

3208 5522 

3209 5523 

3210 5524 

3211 5525 

3212 5526 

3213 5527 

3214 5528 

3215 5529 

3216 5530 

3217 5531 

3218 5532 

3219 5533 

3220 5534 

3221 5535 

3222 ...5536 

3223 5537 

3224 5538 

3225 5539 

3226 5540 






COMPILED LAWS 



C. L. Sec. Herein 

3227 5541 

3228 5542 

3229 5543 

3230 ' 5544 

3331 5515 

3232 5546 

3233 5547 

3234 5548 

3235 5549 

3236 5550 

3237 5551 

3238 5552 

3239 5553 

233:1 ., 5555 

233:2 5554 

3240 5556 

3241 5557 

3242 5558 

3243 5559 

3244 5560 

3245 5561 

3246 5562 

3247 5563 

3248 5564 

3249 5565 

3250 5566 

3251 5567 

3252 5568 

3253 5569 

3254 5570 

3255 5571 

3255a 5572 

3255b 5573 

3257 5574 

3258 5575 

3259 5576 

3260 5577 

3260a 5578 

3261 5579 

3262 5580 

3263 5581 

3264 5582 

3265 5583 

3265a 5584 

3265b 5585 

3265c 5586 

3265d 5587 

3265e 5588 

3265f 5589 

3265g 5590 

3265h 5591 

3265i 5592 

3265j 5593 

3265k 5594 

3265n 5595 

3265o 5596 

3265p 5597 

3265q 5598 

3265r 5599 

3265s 5600 

3265t 5601 

3265u 5602 

3266 5604 

3268 5605 

3270 5606 

3273 5607 



C. L. Sec. Herein 

3274 5608 

3275 5609 

3276 5610 

3277 5611 

3278 5612 

3279 5613 

3280 5614 

3281 5615 

3282 5616 

3282a 5617 

3282b 5618 

3282c 5619 

3282d 5620 

3282e 5621 

3282f 5622 

3282g 5623 

3282h 5624 

3282i 5625 

3284 5626 

3285 5627 

3286 5628 

3287 5629 

3288 5630 

3288a 5631 

3288b 5632 

3288c 5633 

3288d 5634 

3288e 5635 

3289 5636 

3290 5637 

3291 5638 

3292 5639 

3293 5640 

3294 5641 

3295 5642 

3296 5643 

3297 5644 

3298 5645 

3299 5646 

3300 5647 

3301 5648 

3302 5649 

3303 .5650 

3304 5651 

3304a 5652 

3305 5653 

3306 5654 

3307 5655 

3308 5656 

3309 5657 

3310 5658 

3311 5659 

3311a 5660 

241:1 3061 

241:2 3062 

241:3 3063 

241:4 3064 

241:5 3065 

241:6 3066 

241:7 3067 

241:8 3068 

3312 5661 

3313 5662 

3314 5663 

3315 5664 

3316 5665 

2841 



C. L. Sec. Herein 

3317 5666 

3318 5667 

3319 5668 

3320 5669 

3321 5670 

3322 5671 

3323 5672 

3336 5757 

3337 5758 

3338 5759 

3339 5760 

3340 5761 

3341 5762 

3342 5763 

3343 5764 

3344 5765 

3345 5766 

3346 5767 

3347 5768 

3348 5769 

3349 5770 

3350 5771 

3351 5772 

3352 5773 

3353 5774 

3354 5775 

3355 5776 

3356 5777 

3357 5778 

3358 5779 

3359 5780 

3360 5781 

3361 5856 

3362 5857 

3363 5858 

3364 5859 

3365 5860 

3366 5861 

3367 5862 

3368 5863 

3369 5864 

3370 5865 

3371 5866 

3372 5867 

3373 6340 

3374 6341 

3375 6342 

3376 6343 

3377 6344 

3378 6345 

3379 6346 

3380 6347 

3381 6348 

3382 6349 

3383 6350 

3384 6351 

3385 6352 

3386 6353 

3387 6354 

3388 6355 

3389 6356 

3390 6357 

3391 6358 

3392 6359 

3393 6360 

3394 6361 



PARALLEL REFERENCES 



C. L. Sec. Herein 

3395 6362 

3396 6363 

3397 6364 

3398 6365 

3399 6366 

3400 6367 

3401 6368 

3402 6369 

3403 6370 

3404 6371 

3405 6372 

3406 6373 

3407 6374 

3408 6375 

3409 6376 

3410 6377 

3411 6378 

3412 6379 

3413 6380 

3414 6381 

3415 6382 

3416 6383 

3417 6384 

3418 6385 

3419 6386 

3420 6387 

3421 6388 

3422 6389 

3423 6390 

3424 6391 

3425 6392 

3426 6393 

3427 6394 

3428 6395 

3429 6396 

3430 6397 

3431 6398 

3432 6399 

3433 6400 

3434 6401 

3435 6402 

3436 6403 

3437 6404 

3438 6405 

3439 6406 

3440 3407 

3441 6408 

3442 6409 

3443 6410 

3444 r.'19,c.l49 

3445 6411 

3446 6412 

3447 6413 

3448 6414 

3449 6415 

3450 6416 

3458 5868 

3459 5869 

3460 5870 

3461 5871 

3462 5872 

3463 5873 

3464 5874 

3465 5875 

3466 5876 

3467 5877 

3468 5878 



C. L. Sec. Herein 

3469 5879 

3470 5880 

3471 5881 

3472 5882 

3473 : 5883 

3474 5884 

3475 5885 

3476 5886 

3477 5887 

3478 5888 

3479 5889 

3480 5890 

3481 5891 

3482 5892 

3483 5893 

3484 5894 

3485 5895 

3486 5896 

3487 5897 

3488 5898 

3489 5899 

3490 5900 

3491 5901 

3492 5902 

3493 5903 

3494 5904 

3495 5905 

3496 5906 

3497 5907 

3498 5908 

3499 5909 

3500 5910 

3501 5911 

3502 5912 

3503 ..5913 

3504 5914 

3505 5915 

3506 5916 

3507 5917 

3508 5918 

3509 5919 

3510 5920 

3511 5921 

3512 5922 

3513 5923 

3514 5924 

3515 5925 

3516 5926 

3517 5927 

3518 5928 

3519 5929 

3520 5930 

3521 5931 

3522 5932 

3523 5933 

3524 5934 

3525 5935 

3526 5936 

3527 5937 

3528 5938 

3529 5939 

3530 5940 

3531 5941 

3532 5942 

3533 5943 

3534 5944 

3535 ..: 5945 

2842 



C. L. Sec. Herein 

3536 5946 

3537 5947 

3538 5948 

3539 5949 

3540 5950 

3541 5951 

3542 5952 

3543 5953 

3544 5954 

3545 5955 

3546 5956 

3547 5957 

3548 5958 

3549 5959 

3550 5960 

3551 5961 

3552 5962 

3553 5963 

3554 5964 

3555 5965 

3556 5966 

3557 ..'....5967 

3558 5968 

3559 5969 

3560 5970 

3561 5971 

3562 5972 

3563 5973 

3564 5974 

3565 5975 

3566 5976 

3567 5977 

3568 5978 

3569 5979 

3570 5980 

3571 5981 

3572 5982 

3573 5983 

3574 5984 

3575 5985 

3576 5986 

3577 5987 

3578 5988 

3579 5989 

3580 5990 

3581 5991 

3582 5992 

3583 5993 

3584 5994 

3585 5995 

3586 5996 

3587 5997 

3588 5998 

3589 5999 

3590 6000 

3591 6001 

3592 6002 

3593 6003 

3594 6004 

3595 6005 

3596 6006 

3597 6007 

3598 6008 

3599 6009 

3600 6010 

3601 6011 

3602 6012 



COMPILED LAWS 



C. L. Sec. Herein 

3603 6013 

3604 6014 

3605 ». 6015 

3606 6016 

3607 6017 

3608 6018 

3609 6019 

3610 6020 

3611 6021 

3612 6022 

3613 6023 

3614 6024 

3615 6025 

3616 6026 

3617 6027 

3618 6028 

3619 6029 

3620 6030 

3621 6031 

3622 6032 

3623 6033 

3624 6034 

3625 6035 

3626 6036 

3627 6037 

3628 6038 

3629 6039 

3630 6040 

3631 6041 

3632 6042 

3633 6043 

3634 6044 

3635 6045 

3636 6046 

3637 6047 

3638 6048 

3639 6049 

3640 6050 

3641 6051 

3642 6052 

3643 6053 

3644 6054 

3645 6055 

3646 6056 

3647 6057 

3648 6058 

3549 6059 

3650 6060 

3651 6061 

3653 6062 

3654 6063 

3655 6064 

3656 6420 

3657 6421 

3657a 6422 

3657b 6423 

3657c 6424 

3658 6426 

3659 6427 

3660 6428 

3661 6429 

3662 6430 

3663 6431 

3664 6432 

3665 6433 

3666 6434 



C. L. Sec. Herein 

3667 6435 

3668 6436 

3669 6437 

3670 6438 

254:1 6065 

£54:2 6066 

254:3 ...6067 

254:4 6068 

254:5 6069 

254:6 6070 

254:7 6071 

254:8 6072 

254:9 6073 

254:10 6074 

254:11 6075 

254:12 6076 

254:13 6077 

254:14 6078 

254:15 6079 

254:16 6080 

254:17 6081 

254:18 6082 

254:19 6083 

254:20 6084 

254:21 6085 

254:22 6086 

254:23 6087 

254:24 6088 

254:25 6089 

254:26 6090 

254:27 6091 

254:28 6092 

254:29 6093 

254:30 6094 

254:31 6095 

254:32 6096 

254:33 6097 

254:34 6098 

254:35 6099 

254:36 6100 

254:37 6101 

254:38 6102 

254:39 6103 

254:40 6104 

254:41 6105 

254:42 6106 

254:43 6107 

254:44 6108 

254:45 6109 

254:46 6110 

254:47 6111 

254:48 6112 

254:49 6113 

254:50 6114 

254:51 6115 

254:52 6116 

254:53 6117 

254:54 6118 

255:1 6119 

255:2 6120 

255:3 6121 

255:4 6122 

255:5 6123 

255:6 6124 

255:7 6125 

255:8 6126 



C. L. Sec. Herein 

255:9 6127 

255:10 6128 

255:11 6129 

255:12 6130 

255:13 6131 

255:14 6132 

255:15 6133 

255:16 6134 

255:17 6135 

255:18 6136 

255:19 6137 

255:20 6138 

255:21 6139 

255:22 6140 

255:23 6141 

255:24 6142 

255:25 6143 

255:26 6144 

255:27 6145 

255:28 6146 

255:29 6147 

255:30 6148 

255:31 6149 

255:32 6150 

255:33 6151 

255:34 6152 

255:35 6153 

255:36 6154 

255:37 6155 

255:38 6156 

255:39 6157 

255:40 6158 

255:41 6159 

255:42 6160 

255:43 6161 

255:44 6162 

255:45 6163 

255:46 6164 

255:47 6165 

255:48 6166 

255:49 6167 

255:50 6168 

255:51 6169 

255:52 6170 

255:53 6171 

255:54 6172 

255:55 6173 

255:56 6174 

255:57 6175 

255:58 6176 

255:59 6177 

256:1a 6213 

256:1b 6214 

256:2 6215 

256:3 6216 

256:4 6217 

256:5 .. , 6218 

256:6 6219 

256:7 6220 

256:8 6221 

256:9 6222 

256:10 6223 

256:11 6224 

256:12 6225 

256:13 6226 

256:14 6227 



2843 



PARALLEL REFERENCES 



C. L. Sec. Herein 

256:15 6228 

256:16 6229 

256:17 6230 

256:18 6231 

256:19 6232 

256:20 6233 

256:21 6234 

256:22 6235 

256:23 6236 

256:24 6237 

256:25 6238 

256:26 6239 

256:27 6240 

256:28 6241 

256:29 6242 

256:30 6243 

256:31 6244 

256:32 6245 

256:33 6246 

256:34 6247 

256:35 6248 

256:36 6249 

256:37 6250 

256:38 6251 

256:39 6252 

256:40 6253 

256:41 6254 

256:42 6255 

256:43 6256 

256:44 6257 

256:45 6258 

256:46 6259 

256:47 6260 

256:48 6261 

256:49 6262 

256:50 6263 

256:51 6264 

256:52 6265 

256:53 6266 

256:54 6267 

256:55 6268 

256:56 6269 

256:57 6270 

256:58 6271 

256:59 6272 

256:60 6273 

256:61 6274 

256:62 6275 

256:63 6276 

256:64 6277 

256:65 6278 

256:66 6279 

256:67 6280 

256:68 6281 

256:69 6282 

256:70 6283 

256:71 6284 

256:72 6285 

256:73 6286 

256:74 6287 

256:75 6288 

256:76 r.'19,c.8 

256:77 6289 

256:78 6290 

256:79 6291 

256:80 6292 



C. L. Sec. Herein 

256:81 6293 

256:82 6294 

256:83 6295 

256:84 6296 

256:85 r.'19,c.8 

256:86 6297 

256:87 6298 

256:88 6299 

256:89 6300 

256:90 6301 

256:91 6302 

256:92 6303 

256:93 ...6404 

256:94 6305 

256:95 6306 

256:96 6307 

256:97 6308 

256:98 6309 

256:99 6310 

256:100 6311 

256:101 6312 

256:102 6313 

256:103 6314 

256:104 ri.'19,c.8 

256:105 6315 

256:106 ri.'19,c.8 

256:107 6316 

256:108 6317 

256:109 6318 

256:110 6319 

256:110a 6320 

256:110b 6321 

256:110c 6322 

256:110d 6323 

256:110e 6324 

256:110f 6325 

256:110g 6326 

256:110h 6327 

256:110i 6328 

256:110j 6329 

256:110k 6330 

256:111 6331 

256:112 6332 

256:113 6333 

256:114 6334 

256:115 6335 

256:116 6336 

256:117 6337 

256:118 6338 

256:119 6339 

3801 6439 

3810 6440 

3811 6441 

3814 6442 

3815 6443 

3816 6444 

3817 6445 

3818 6446 

3819 6447 

3820 6448 

3821 6449 

3821a 6450 

3821b 6451 

3822 6452 

3823 6453 

3829 6454 

2844 



C. L. Sec. Herein 

3829a 6455 

3829b 6456 

3830 6457 

3831 6458 

3832 6459 

3833 6460 

3834 6461 

3835 6462 

3836 6463 

3836a 6464 

3840 6465 

3841 6466 

3842 6467 

3843 6468 

3844 6469 

3850 6470 

3851 6471 

3852 6472 

3853 6473 

3854 6474 

3860 6475 

3861 6476 

3862 6477 

3863 6478 

3864 6479 

3865 6480 

3866 6481 

3867 6482 

3868 6483 

3869 6484 

3870 6485 

3871 6486 

3872 .6487 

3873 6488 

3874 6489 

3875 6490 

3885 6491 

3886 6492 

3890 6493 

3891 6494 

3892 6495 

3893 6496 

3894 6497 

3895 6498 

3900 6499 

3901 6500 

3902 6501 

3903 6502 

3911 6503 

3912 6504 

391,3 6505 

3920 6506 

3921 6507 

3922 6508 

3923 6509 

3924 6510 

3925 6511 

3935 6512 

3936 6513 

3937 6514 

3938 6515 

3939 6516 

3940 6517 

3941 6518 

3942 6519 

3943 6520 









COMPILED LAWS 



C. L. Sec. Herein 

3944 6521 

3945 6522 

3946 6523 

3947 t 6524 

3948 6525 

3949 6526 

3950 6527 

3951 6528 

3952 6529 

3953 6530 

3954 6531 

3955 6532 

3956 6533 

3957 6534 

3958 6535 

3959 6536 

3960 6537 

3961 6538 

3962 6539 

3963 6540 

3964 6541 

3965 6542 

3966 6543 

3967 6544 

3968 6545 

3969 6546 

3970 6547 

3971 6548 

3972 6549 

3973 6550 

3974 6551 

3975 6552 

3976 6553 

3977 6554 

3978 6555 

3980 6556 

3981 6557 

3982 6558 

3983 6559 

3984 6560 

3985 6561 

3986 6562 

3987 6563 

3988 6564 

3990 6565 

3991 6566 

3992 6567 

3993 6568 

3994 6569 

3995 6570 

3996 6571 

3997 6572 

3998 6573 

3999 6574 

4000 6575 

4000a 6576 

4001 6577 

4002 6578 

4003 6579 

4004 6580 

4005 6581 

4006 6582 

4007 6583 

4008 6584 

4009 6585 

4010 6586 



C. L. Sec. Herein 

4011 6587 

4012 6588 

4013 6589 

4014 6590 

4020 6591 

4021 6592 

4022 6593 

4030 6594 

4035 6595 

4036 6596 

4037 6597 

4038 6598 

4039 ,...6599 

4040 6600 

4041 6601 

4042 6602 

4043 6603 

4044 6604 

4045 6605 

4046 6606 

4050 6607 

4051 6608 

4052 6609 

4053 6610 

4054 6611 

4055 6612 

4056 ....6613 

4057 6614 

4058 6615 

4059 6616 

4060 6617 

4061 6618 

4062 6619 

4063 6620 

4068 6621 

4069 6622 

4070 6623 

4071 6624 

4072 6625 

4073 6626 

4074 6627 

4075 6628 

4076 6629 

4077 6630 

4078 6631 

4079 6632 

4080 6633 

4090 6634 

4091 6635 

4092 6636 

4093 6637 

4094 6638 

4095 6639 

4096 6640 

4097 6641 

4098 6642 

4099 6643 

4100 6644 

4101 6645 

4102 6646 

4103 6647 

4104 6648 

4105 6649 

4106 6650 

4107 6651 

4108 6652 

2845 



C. L. Sec. Herein 

4109 6653 

4110 6654 

4111 6655 

4112 6656 

4113 6657 

4114 6658 

4115 6659 

4116 6660 

4120 6661 

4121 6662 

4122 6663 

4123 6664 

4124 6665 

4125 6666 

4126 6667 

4127 6668 

4128 6669 

4138 6670 

4139 6671 

4140 6672 

4141 6673 

4142 6674 

4143 6675 

4144 6676 

4145 6677 

4146 6678 

4147 6679 

4148 ..6680 

4149 6681 

4150 6682 

4160 6683 

4161 6684 

4162 6685 

4167 6686 

4168 6687 

4169 6688 

4174 6689 

4175 6690 

4176 6691 

4177 6692 

4178 6693 

4183 6694 

4184 6695 

4185 6696 

4186 6697 

4187 6698 

4188 :..6699 

4193 6700 

4194 6701 

4198 6702 

4199 6703 

4200 6704 

4201 ..6705 

4202 6706 

4207 6707 

4208 6708 

4209 6709 

4210 6710 

4211 6711 

4212 6712 

4213 6713 

4214 6714 

4215 6715 

4216 6716 

4217 6717 

4218 6718 



PARALLEL REFERENCES 



C. L. Sec. Herein 

4219 6719 

4220 6720 

4221 6721 

4225 6722 

4226 6723 

4227 6724 

4228 6725 

4229 6726 

4230 6727 

4231 6728 

4240 6729 

4241 6730 

4242 6731 

4243 6732 

4244 6733 

4245 6734 

4246 6735 

4247 6736 

4248 6737 

4249 6738 

4250 6739 

4251 6740 

4252 6741 

4253 6742 

4254 6743 

4255 6744 

4256 6745 

4257 6746 

4258 6747 

4259 6748 

4260 6749 

4261 6750 

4262 6751 

4263 6752 

4264 6753 

4265 6754 

4266 6755 

4271 6756 

4272 6757 

4273 6758 

4274 6759 

4275 6760 

4276 6761 

4277 6762 

4278 6763 

4279 6764 

4280 6765 

4281 6766 

4282 6767 

4287 6768 

4288 6769 

4289 ...6770 

4290 6771 

4291 6772 

4292 6773 

4293 6774 

4294 6775 

4295 6776 

4296 6777 

4297 6778 

4302 6779 

4303 6780 

4304 6781 

4305 6782 

4306 6783 

4307 6784 



C. L. Sec. Herein 

4308 6785 

4309 6786 

4310 6787 

4310a 6788 

4310b 6789 

4310c 6790 

4310d 6791 

4310e 6792 

4310f 6793 

4310g 6794 

4310h 6795 

4310i 6796 

4510j 6797 

4310k 6798 

43101 6799 

4310m 6800 

4310n 6801 

4311 6802 

4312 6803 

4313 6804 

4314 6805 

4315 6806 

4316 6807 

4317 6808 

4318 6809 

4319 6810 

4320 6811 

4321 6812 

4322 6813 

4323 6814 

4324 6815 

4325 6816 

4329 6817 

4330 6818 

4331 6819 

4332 6820 

4333 6821 

4334 6822 

4339 6823 

4340 6824 

4341 6825 

4350 6826 

4351 6827 

4352 6828 

4353 6829 

4354 6830 

4355 6831 

4360 6832 

4365 6833 

4366 6834 

4367 6835 

4368 6836 

4369 6837 

4370 6838 

4371 6839 

6372 6840 

4373 6841 

4378 6842 

4379 6843 

4380 . .. 6844 

4381 6845 

4382 6846 

4383 6847 

4384 6848 

4385 6849 

4386 6850 

2846 



C. L. Sec. Herein 

4387 6851 

4388 6852 

4389 6853 

4390 6854 

4391 6855 

4392 6856 

4393 6857 

4394 6858 

4395 6859 

4396 6860 

4397 6861 

4398 6862 

4399 6863 

4400 6864 

4405 6865 

4406 6866 

4407 6867 

4408 6868 

4409 6869 

4414 6870 

4415 6871 

4416 6872 

4417 6873 

4418 6874 

4419 6875 

4420 6876 

4421 6877 

4426 6878 

4427 6879 

4428 6880 

4429 6881 

4430 6882 

4431 6883 

4432 6884 

4433 6885 

4434 6886 

4438 6887 

4439 6888 

4440 6889 

4441 .6890 

4442 6891 

4443 6892 

4444 6893 

4445 6894 

4450 6895 

4451 6896 

4452 6897 

4453 6898 

4454 6899 

4455 6900 

4456 6901 

4457 6902 

4458 6903 

4459 6904 

4460 6905 

4461 6906 

4462 6907 

4463 6908 

4464 6909 

4470 6910 

4471 6911 

4472 6912 

4473 6913 

4474 6914 

4475 6915 

4476 6916 

4477 6917 






COMPILED LAWS 



C. L. Sec. Herein 

4478 6918 

4479 6919 

4480 „ 6920 

4481 6921 

4482 6922 

4483 6923 

4484 6924 

4485 6925 

4486 6926 

4487 6927 

4488 6928 

4489 6929 

4490 6930 

4490a 6931 

4491 6932 

4492 6933 

4493 6934 

4494 6935 

4495 6936 

4496 6937 

4497 6938 

4498 6939 

4499 6940 

4504 6941 

4505 .6942 

4506 6943 

4507 ..6944 

4508 6945 

4509 6946 

4510 6947 

4511 6948 

4520 6949 

4521 6950 

4522 6951 

4523 6952 

4524 6953 

4525 6954 

4526 6955 

4529 6956 

4530 6957 

4531 6958 

4532 6959 

4533 6960 

4538 6961 

4539 6962 

4540 6963 

4541 6964 

4542 6965 

4543 6966 

4544 6967 

4545 6968 

4546 6969 

4547 6970 

4552 6971 

4553 6972 

4554 6973 

4555 6974 

4556 6975 

4560 6976 

4561 6977 

4562 6978 

4563 6979 

4564 6980 

4565 6981 

4566 6982 

4567 6983 

4568 6984 



C. L. Sec. Herein 

4569 6985 

4570 6986 

4571 6987 

4572 6988 

4573 6989 

4574 6990 

4575 6991 

4576 6992 

4577 6993 

4578 6994 

4579 6995 

4580 6996 

4581 6997 

4582 6998 

4583 6999 

4584 7000 

4585 7001 

4586 7002 

4587 7003 

4588 7004 

4589 7005 

4590 7006 

4591 7007 

4592 7008 

4593 . , 7009 

4594 7010 

4595 7011 

4596 7012 

4597 7013 

4598 7014 

4599 7015 

4600 7016 

4601 7017 

4602 7018 

4603 7019 

4604 7020 

4605 ..7021 

4606 7022 

4611 7023 

4612 7024 

4613 7025 

4614 7026 

4615 7027 

4616 7028 

4617 7029 

4618 7030 

4619 7031 

4620 7032 

4621 7033 

4622 7034 

4623 7035 

4623a 7036 

4624 7037 

4625 7038 

4626 7039 

4627 7040 

4628 7041 

4628a 7042 

4628b 7043 

4628c 7044 

4628d 7045 

4628e 7046 

4628f 7047 

4628g 7048 

4628h 7049 

4628i 7050 

4628j 7051 

2847 



C. L. Sec. Herein 

4629 7052 

4639 ..7053 

4640 7054 

4641 7055 

4642 7056 

4643 7057 

4644 7058 

4645 7059 

4650 7060 

4651 7061 

4652 7062 

4653 7063 

4654 . „ 7064 

4655 7065 

4656 7066 

4657 7067 

4658 7068 

4659 7069 

4660 7070 

4661 7071 

4666 7072 

4667 7073 

4668 7074 

4669 7075 

4670 7076 

4671 7077 

4672 7078 

4673 7079 

4674 7080 

4675 7081 

4680 7082 

4681 7083 

4682 7084 

4683 7085 

4684 7086 

4685 7087 

4686 7088 

4687 7089 

4688 7090 

4689 7091 

4690 *. 7092 

4695 7093 

4696 7094 

4701 7095 

4702 7096 

4703 7097 

4704 7098 

4705 7099 

4711 7100 

4712 7101 

4713 7102 

4714 7103 

4715 7104 

4716 7105 

4717 7106 

4718 7107 

4719 7108 

4720 7109 

4725 7110 

4726 7111 

4727 7112 

4728 7113 

4729 7114 

4730 7115 

4731 7116 

4732 7117 

4733 7118 



PARALLEL REFERENCES 



C. L. Sec. Herein 

4734 7119 

4735 7120 

4736 7121 

4741 7122 

4742 7123 

4743 7124 

4744 7125 

4745 7126 

4750 7127 

4751 7128 

4752 7129 

4753 7130 

4754 7131 

4759 7132 

4760 7133 

4761 7134 

4762 7135 

4763 7136 

4764 7137 

4765 7138 

4766 7139 

4767 7140 

4771 7141 

4772 7142 

4773 7143 

4774 7144 

4775 7145 

4776 7146 

4777 7147 

4778 7148 

4800 7149 

4801 7150 

4802 7151 

4807 7152 

4808 7153 

4809 7154 

4810 7155 

4811 7156 

4812 7157 

4813 7158 

4814 7159 

4815 7160 

4816 7161 

4817 7162 

4818 7163 

4819 7164 

4820 7165 

4820a 7166 

4821 7167 

4822 7168 

4823 7169 

4824 7170 

4825 7171 

4826 7172 

4831 7173 

4832 7174 

4833 7175 

4834 7176 

4835 7177 

4836 7178 

4838 7179 

4839 7180 

4840 7181 

4841 7182 

4842 7183 

4843 7184 

4844 7185 



C. L. Sec. 



Herein 



4860 7186 

4861 7187 

4862 7188 

4863 7189 

4864 7190 

4865 7191 

4870 7192 

4875 7193 

4880 7194 

4881 7195 

4882 7196 

4883 7197 

4884 7198 

4889 7199 

4890 7200 

4891 7201 

4892 7202 

4893 7203 

4894 7204 

4895 7205 

4900 7206 

4901 7207 

4902 7208 

4903 7209 

4904 7210 

4905 7211 

4906 7212 

4907 7213 

4908 7214 

4909 7215 

4910 7216 

4911 7217 

4912 7218 

4913 7219 

4914 7220 

4915 7221 

4916 7222 

4917 7223 

4918 7224 

4923 7225 

4924 7226 

4925 7227 

4926 7228 

4927 7229 

4928 7230 

4929 7231 

4930 7232 

4931 7233 

4932 7234 

4933 7235 

4933a 7236 

4934 7237 

4935 7238 

4936 7239 

4955 7240 

4956 7241 

4961 7242 

4962 7243 

4963 7244 

4964 7245 

4965 7246 

4966 7247 

4967 7248 

4968 7249 

4969 7250 

4970 7251 

4971 7252 



C. L. Sec. Herein 

4976 7253 

4977 7254 

4978 7255 

4979 7256 

4980 7257 

4981 7258 

4982 7259 

4983 7260 

4984 7261 

4985 7262 

4986 7263 

4987 7264 

4988 7265 

4989 . 7266 

4994 7267 

4995 7268 

4996 7269 

4997 7270 

5000 7271 

5005 7272 

5006 7273 

5026 7274 

5027 7275 

5028 7276 

5029 7277 

5030 7278 

5031 7279 

5032 7280 

5033 7281 

5034 7282 

5035 7283 

5036 7284 

5037 7285 

5038 7286 

5039 7287 

5040 7288 

5041 7289 

5042 7290 

5043 7291 

5044 „ 7292 

5045 7293 

5046 7294 

5047 7295 

5048 7296 

5049 7297 

5050 7298 

5051 7299 

5052 7300 

5060 7301 

5061 7302 

5062 7303 

5063 7304 

5068 7305 

5069 7306 

5070 7307 

5075 7308 

5076 7309 

5077 7310 

5078 7311 

5079 7312 

5080 7313 

5081 7314 

5082 7315 

5083 7316 

5084 7317 

5085 7318 

5086 7319 









2848 



COMPILED LAWS 



C. L. Sec. Herein 

5091 7320 

5092 7321 

5093 ! 7322 

5094 7323 

5095 7324 

5096 7325 

5097 7326 

5098 7327 

5099 7328 

5100 7329 

5101 7330 

5102 7331 

5103 7332 

5104 7333 

5105 7334 

5106 7335 

5107 7336 

5108 7337 

5109 7338 

5110 7339 

5111 7340 

5111a 7341 

5111b 7342 

5112 7343 

5113 7344 

5114 7345 

5115 7346 

5116 7347 

5117 7348 

5118 7349 

5119 7350 

5120 7351 

5121 7352 

5122 7353 

5123 7354 

5124 7355 

5125 7356 

5126 7357 

5127 7358 

5128 7359 

5129 7360 

5130 7361 

5131 7362 

5132 7363 

5±33 7364 

5134 7365 

5135 7366 

5136 7367 

5137 7368 

5138 7369 

5139 7370 

5140 7371 

5141 7372 

5142 7373 

5143 7374 

5144 7375 

5145 7376 

5146 7377 

5147 7378 

5148 7379 

5148a 7380 

5148b 7381 

5148c 7382 

5155 7383 

5156 7384 

5157 7385 

5158 7386 



C. L. Sec. Herein 

5159 7387 

5160 7388 

5161 7389 

5162 7390 

5163 7391 

5164 7392 

5165 7393 

5166 7394 

5167 7395 

5168 7396 

5185 7397 

5186 7398 

5187 7399 

5188 7400 

5189 7401 

5190 7402 

5191 7403 

5210 7404 

5211 7405 

5212 7406 

5213 7407 

5214 7408 

5215 7409 

5216 7410 

5217 7411 

5218 7412 

5219 7413 

5220 7414 

5221 7415 

5222 7416 

5223 7417 

5224 7418 

5225 7419 

5226 7420 

5227 7421 

5228 7422 

5229 7423 

5245 7424 

5246 7425 

5247 7426 

5248 7427 

5260 7428 

5261 7429 

5262 7430 

5263 7431 

5264 7432 

5265 7433 

5266 7434 

5267 7435 

5268 ., 7436 

5269 7437 

5290 7438 

5291 7439 

5296 7440 

5297 7441 

5298 7442 

5299 7443 

5300 7444 

5301 7445 

5302 7446 

5303 7447 

5304 7448 

5305 7449 

5306 7450 

5307 7451 

5308 7452 

5309 7453 

2849 



C. L. Sec. Herein 

5310 7454 

5311 7455 

5312 7456 

5313 7457 

5314 7458 

5315 7459 

5316 7460 

5317 7461 

5318 7462 

5319 7463 

5320 7464 

5321 7465 

5322 7466 

5323 7467 

5324 7468 

5325 7469 

5326 7470 

5327 7471 

5328 7472 

5329 7473 

5330 7474 

5331 7475 

5340 7476 

5341 7477 

5342 7478 

5343 7479 

5344 7480 

5345 7481 

5346 7482 

5347 7483 

5348 7484 

5349 7485 

5350 7486 

5351 7487 

5352 7488 

5353 7489 

5354 7490 

5355 7491 

5356 7492 

5357 7493 

5358 7494 

5359 7495 

5360 7496 

5361 7497 

5362 7498 

5363 7499 

5364 7500 

5365 7501 

5366 7502 

5367 7503 

5368 7504 

5369 7505 

5370 7506 

5371 . . 7507 

5372 7508 

5373 7509 

5374 7510 

5375 7511 

5376 7512 

5377 7513 

5378 7514 

5379 7515 

5380 7516 

5381 7517 

5382 7518 

5383 7519 

5384 7520 



PARALLEL REFERENCES 



C. L. Sec. Herein 

5385 7521 

5386 7522 

5387 7523 

5388 7524 

5389 7525 

5390 7526 

5391 7527 

5392 7528 

5393 7529 

5394 7530 

5395 7531 

5396 7532 

5397 7533 

5398 7534 

5399 7535 

5400 7536 

5401 7537 

5402 7538 

5403 7539 

5404 7540 

5405 7541 

5406 7542 

5407 7543 

5408 7544 

5409 7545 

5410 7546 

5411 7547 

5412 7548 

5420 7549 

5421 7550 

5422 7551 

5423 7552 

5424 7553 

5425 7554 

5426 7555 

5427 7556 

5428 7557 

5429 7558 

5430 7559 

5431 7560 

5432 7561 

5433 7562 

5434 7563 

5440 7564 

5441 7565 

5442 7566 

5443 7567 

5444 7568 

5445 7569 

5446 7570 

5447 7571 

5448 7572 

5449 7573 

5450 7574 

5451 7575 

5452 7576 

5453 7577 

5460 7578 

5461 7579 

5462 7580 

5463 7581 

5464 7582 

5465 7583 

5466 7584 

5467 7585 

5468 7586 

5469 7587 



C. L. Sec. Herein 

5470 7588 

5471 7589 

5472 7590 

5473 7591 

5474 7592 

5475 7593 

5476 7594 

5477 7595 

5478 7596 

5479 7597 

5480 7598 

5481 7599 

5482 7600 

5483 7601 

5490 7602 

5491 7603 

5492 7604 

5493 7605 

5494 7606 

5495 7607 

5496 7608 

5497 7609 

5498 7610 

5499 7611 

5500 7612 

5501 7613 

5502 7614 

5503 7615 

5504 7616 

5505 7617 

5506 7618 

5507 7619 

5508 7620 

5509 7621 

5510 7622 

5511 7623 

5512 7624 

5513 7625 

5514 7626 

5515 7627 

5516 7628 

5517 7629 

5518 7630 

5519 7631 

5520 7632 

5521 7633 

5522 7634 

5523 7635 

5524 7636 

5525 7637 

5526 7638 

5527 7639 

5528 7640 

5529 7641 

5530 7642 

5531 7643 

5532 7644 

5533 7645 

5534 7646 

5535 7647 

5536 7648 

5537 7649 

5538 7650 

5539 7651 

5540 7652 

5541 7653 

5542 7654 

2850 



C. L. Sec. Herein 

5543 7655 

5550 7656 

5551 7657 

5552 7658 

5553 7659 

5554 7660 

5555 7661 

5556 7662 

5557 7663 

5558 7664 

5559 7665 

5560 7666 

5561 7667 

5565 7673 

5566 7674 

5567 7675 

5568 7676 

5569 7677 

5570 7678 

5571 7679 

5572 7680 

5573 7681 

5574 7682 

5575 7683 

5580 7684 

5581 7685 

5582 7686 

5583 7687 

5584 7688 

5585 7689 

5586 7690 

5587 7691 

5588 7692 

5589 7693 

5590 7694 

5591 7695 

5592 7696 

5593 7697 

5594 7698 

5595 7699 

5596 7700 

5597 7701 

5598 7702 

5599 7703 

5600 7704 

5601 7705 

5602 7706 

5603 7707 

5604 7708 

5605 7709 

5606 7710 

5607 7711 

5608 7712 

5609 7713 

5610 7714 

5611 7715 

5612 7716 

5613 7717 

5614 7718 

5615 7719 

5616 7720 

5617 7721 

5618 7722 

5619 7723 

5621 7724 

5622 7725 

5623 7726 



COMPILED LAWS 



C. L. Sec. Herein 

5624 7727 

5625 7728 

5626 ? 7729 

5627 7730 

5628 7731 

5629 7732 

5630 7733 

5631 7734 

5632 7735 

5633 7736 

5634 7737 

5635 7738 

5636 7739 

5637 7740 

5638 7741 

5639 7742 

5640 7743 

5641 7744 

5642 7745 

5643 7746 

5644 7747 

5645 7748 

5646 7749 

5647 7750 

5648 7751 

5648a 7752 

5649 ..7753 

5650 7754 

5655 7755 

5656 7756 

5657 7757 

5658 7758 

5659 7759 

5660 7760 

5561 7761 

5662 7762 

5663 7763 

5664 7764 

5665 7765 

5666 7766 

5667 7767 

5668 7768 

5669 7769 

5670 7770 

5671 7771 

5672 7772 

5673 7773 

5674 7774 

5680 7775 

5681 7776 

5682 7777 

5683 7778 

5684 7779 

5685 7780 

5686 7781 

5687 7782 

5688 7783 

5689 7784 

5690 7785 

5691 7786 

5692 7787 

5693 7788 

5694 7789 

5695 7790 

5700 7791 

5701 7792 

5702 7793 



C. L. Sec. Herein 

5703 7794 

5704 7795 

5705 7796 

5706 7797 

5707 7798 

5708 7799 

5709 ...7800 

5710 7801 

5711 7802 

5713 7803 

5714 7804 

5715 7805 

5716 7806 

5717 7807 

5725 7808 

5726 7809 

5727 7810 

5728 7811 

5729 7812 

5730 7813 

5731 7814 

5732 7815 

5733 7816 

5734 7817 

5735 7818 

5736 7819 

5737 7820 

5738 7821 

5739 7822 

5740 7823 

5741 7824 

5742 7825 

5743 7826 

5744 7827 

5745 7828 

5746 7829 

5747 7830 

5748 7831 

5749 7832 

5750 7833 

5751 7834 

5752 7835 

5753 7836 

5754 7837 

5755 7838 

5756 7839 

5757 7840 

5760 7841 

5770 7842 

5771 7843 

5772 7844 

5773 7845 

5774 7846 

5775 7847 

5776 7848 

5777 7849 

5778 7850 

5779 7851 

5780 7852 

5781 7853 

5782 7854 

5783 7855 

5784 7856 

5785 7857 

5786 7858 

5787 7859 

5788 7860 

2851 



C. L. Sec. Herein 

5789 7861 

5790 7862 

5791 7863 

5792 7864 

5793 7865 

5794 7866 

5795 7867 

5796 7868 

5797 7869 

5798 7870 

5799 7871 

5800 7872 

5801 7873 

5802 7874 

5803 7875 

5804 7876 

5805 7877 

5806 7878 

5807 7879 

5808 7880 

5809 7881 

5810 7882 

5811 7883 

5812 7884 

5813 7885 

5814 7886 

5815 7887 

5816 7888 

5817 7889 

5818 7890 

5819 7891 

5820 7892 

5821 7893 

5822 7894 

5823 7895 

5824 7896 

5825 7897 

5826 7898 

5827 7899 

5828 7900 

5829 7901 

346:1-11 r.'19,c. 161 

5840 7925 

5841 7926 

5842 7927 

5843 7928 

5844 7929 

5845 7930 

5846 7931 

5847 7932 

5950 7933 

5951 7934 

5956 7935 

5957 7936 

5958 7937 

5959 7938 

5960 7939 

5965 7940 

5966 7941 

5967 7942 

5968 7943 

5969 7944 

5970 7945 

5971 7946 

5972 7947 

5973 7948 

5974 7949 



PARALLEL REFERENCES 



C. L. Sec. Herein 

5975 7950 

5976 7951 

5977 7952 

5978 7953 

5979 7954 

5980 7955 

5981 7956 

5982 7957 

5983 7958 

5984 7959 

5989 7960 

5990 7961 

5991 7962 

6992 7963 

5993 7964 

5994 7965 

5995 7966 

5996 7967 

5997 7968 

5998 7969 

5999 7970 

6000 7971 

6005 7972 

6006 . ... 7973 

6007 7974 

6008 7975 

6009 7976 

6010 7977 

6011 7978 

6012 7979 

6030 7980 

6035 7981 

6036 7982 

6037 7983 

6038 7984 

6039 7985 

6040 7986 

6041 7987 

6042 7988 

6043 7989 

6044 7990 

6045 7991 

6046 7992 

6047 7993 

6052 7994 

6053 7995 

6054 7996 

6055 7997 

6056 7998 

6057 7999 

6058 8000 

6059 8001 

6060 8002 

6060a 8003 

6060b 8004 

6061 8005 

6062 8006 

6063 8007 

6064 8008 

6065 8009 

6065a 8010 

6065b 8011 

6065c 8012 

6066 8013 

6066a 8014 

6067 8015 

6068 8016 



C. L. Sec. Herein 

6068a 8017 

6068b 8018 

6068c 8019 

6069 8020 

6069a 8021 

6069b 8022 

6069c 8023 

6069d 8024 

6070 8025 

6071 8026 

6072 8027 

6073 8028 

6074 8029 

6075 8030 

6076 8031 

6077 8032 

6078 8033 

6079 8034 

6079a 8035 

6080 8036 

6081 8037 

6082 8038 

6083 8039 

6084 8040 

6085 8041 

6086 8042 

6090 8043 

6091 8044 

6092 8045 

6093 8046 

6094 8047 

6095 .8048 

6110 8049 

6111 8050 

6116 8051 

6117 8052 

6118 8053 

6119 8054 

6120 8055 

6121 8056 

6122 8057 

6123 8058 

6123a 8059 

6124 8060 

6125 8061 

6125a 8062 

6126 8063 

6127 8064 

6128 8065 

6129 8066 

6130 8067 

6131 8068 

6139 8069 

6140 8070 

6141 8071 

6142 8072 

6143 8073 

6301 8074 

6302 8075 

6303 8076 

6304 8077 

6305 8078 

6306 8079 

6307 8080 

6308 8081 

6309 8082 

6310 8083 

2852 



C. L. Sec. Herein 

6311 8084 

6312 8085 

6313 8086 

6314 8087 

6315 8088 

6316 8089 

6330 8090 

6331 8091 

6341 8092 

6342 8093 

6343 8094 

6344 8095 

6354 8096 

6355 8097 

6356 8098 

6357 8099 

6358 8100 

6359 8101 

6360 8102 

6361 8103 

6362 8104 

6363 8105 

6364 8106 

6365 8107 

6366 8108 

6367 8109 

6369 8110 

6370 8111 

6371 8112 

6372 8113 

6373 8114 

6374 8115 

6375 8116 

6376 8117 

6380 8118 

6381 8119 

6382 8120 

6383 8121 

6384 8122 

6385 8123 

6386 8124 

6387 8125 

6388 8126 

6389 8127 

6390 8128 

6391 8129 

6392 8130 

6410 8131 

6411 8132 

6412 8133 

6413 8134 

6414 8135 

6415 8136 

6416 8137 

6430 8138 

6431 8139 

6432 8140 

6433 8141 

6434 8142 

6435 8143 

6436 8144 

6437 8145 

6446 8146 

6447 8147 

6452 8148 

6453 8149 

6454 8150 



COMPILED LAWS 



C. L. Sec. Herein 

6455 8151 

6456 8152 

6457 \ 8153 

6458 8154 

6464 8155 

6465 8156 

6466 8157 

6467 8158 

6468 8159 

6478 8160 

6479 8161 

6480 8162 

6481 8163 

6482 8164 

6483 8165 

6484 8166 

6485 8167 

6486 8168 

6487 8169 

6488 8170 

6489 8171 

6500 8172 

6501 8173 

6502 8174 

6503 8175 

6504 8176 

6505 8177 

6510 8178 

6511 8179 

6512 8180 

6513 8181 

6514 8182 

6515 8183 

6516 8184 

6517 8185 

6518 8186 

6519 8187 

6520 8188 

6521 8189 

6522 8190 

6523 8191 

6524 8192 

6525 8193 

6526 8194 

6527 8195 

6528 8196 

6529 8197 

6530 8198 

6531 8199 

6532 8200 

6533 8201 

6534 8202 

6535 8203 

6540 8204 

6541 8205 

6545 8206 

6546 8207 

6547 8208 

6560 8209 

6561 8210 

6562 8211 

6563 8212 

6564 8213 

6565 8214 

6566 8215 

6567 8216 

6568 8217 



C. L. Sec. Herein 

6569 8218 

6570 8219 

6571 8220 

6572 8221 

6577 8222 

6578 8223 

6584 8224 

6585 8225 

6590 8226 

6591 8227 

6592 8228 

6597 8229 

6598 8230 

6703 8231 

6704 8232 

6705 8233 

6706 : 8234 

6707 8235 

6708 8236 

6709 8237 

6710 8238 

6711 8239 

6712 8240 

6713 8241 

6714 8242 

6715 8243 

6716 8244 

6721 8245 

6722 8246 

6727 8247 

6728 8248 

6729 8249 

6730 8250 

6731 8251 

6732 8252 

6737 8253 

6738 8254 

6739 8255 

6740 7256 

6741 8257 

6742 7258 

6743 8259 

6744 8260 

6745 8261 

6765 8262 

6766 8263 

6767 8264 

6768 8265 

6769 8266 

6770 8267 

6771 8268 

6772 8269 

6773 8270 

6774 8271 

6775 8272 

6776 8273 

6777 8374 

6778 8275 

6779 8276 

6780 8277 

6781 8278 

6782 8279 

6783 8280 

6794 8281 

6795 8282 

6800 r.'19,c.l66 

6806 8283 

2853 



C. L. Sec. Herein 

6807 8284 

6808 8285 

6809 8286 

6810 8287 

6811 8288 

6812 8289 

6820 8290 

6823 8291 

6824 8292 

6825 8293 

6826 8294 

6827 8295 

6828 8296 

6829 8297 

6829a 8298 

6829b 8299 

6830 8300 

6831 8301 

6832 8302 

6840 8303 

6841 8304 

6842 8305 

6843 8306 

6850 8307 

6851 8308 

6852 8309 

6853 8310 

6854 8311 

6855 8312 

6856 8313 

6857 8314 

6858 8315 

6859 8316 

6859a 8317 

6859b 8318 

6859c 8319 

6859d 8320 

6859e 8321 

6859f 8322 

6859g 8323 

6859h 8324 

6860 8325 

6861 8326 

6861a 8327 

6867 8328 

6868 8329 

6869 8330 

6870 8331 

6871 8332 

6872 8333 

6879 8334 

6880-1 r.'19,c.l76 

6882 8335 

6882a 8336 

6908 8337 

6909 8338 

6910 8339 

6911 8340 

6912 8341 

6913 8342 

6914 8343 

6915 8344 

6920 8345 

6921 8346 

6922 8347 

6923 8348 

6924 8349 



PARALLEL REFERENCES 



C. L. Sec. Herein 

6925 8350 

6926 8351 

6926a 8352 

6927 8353 

6928 8354 

6929 8355 

6930 8356 

6930a 8357 

6931 8358 

6932 8359 

6933 8360 

6934 8361 

6935 8362 

6936 8363 

6950 8364 

6951 8365 

6952 8366 

6953 8367 

6954 8368 

6955 8369 

6956 8370 

6957 8371 

6958 8372 

6959 8373 

6960 8374 

6961 8375 

6962 8376 

6963 8377 

6964 8378 

6975 8379 

6976 8380 

6977 8381 

6978 8382 

6979 8383 

6980-1 8383a-b 

6982 8384 

6983 8385 

6984 8386 

6985 8587 

6986 8388 

6987 8389 

6988 8390 

7000 8391 

7001 8392 

7002 8393 

7003 8394 

7004 8395 

7005 8396 

7006 8397 

7007 8398 

7008 8399 

7014 8400 

7015 8401 

7016 8402 

7017 8403 

7018 8404 

7022 8405 

7023 8406 

7024 8407 

7028 8408 

7029 8409 

7030 8410 

7031 8411 

7032 8412 

7033 8413 

7034 8414 

7035 8415 



C. L. Sec. Herein 

7036 7416 

7037 8417 

7038 8418 

7039 8419 

7040 8420 

7041 8421 

7042 8422 

7043 8423 

7044 8424 

7044a 8425 

7045 8426 

7046 8427 

7047 8428 

7048 8429 

7049 8430 

7050 8431 

7051 8432 

7052 8433 

7053 8434 

7054 8435 

7055 8436 

7056 8437 

7057 8438 

7058 8439 

7059 8440 

7060 8441 

7060a 8442 

7061 8443 

7061a 8444 

7061b 8445 

7061c 8446 

7062 8447 

7062a 8448 

7062b 8449 

70135 8450 

7066 8451 

7067 8452 

7068 8453 

7069 8454 

7070 8455 

7071 8456 

7072 8457 

7073 8458 

7074 8459 

7075 8460 

7076 8461 

7080 8462 

7081 8463 

7082 8464 

7083 8465 

7084 8466 

7085 8467 

7086 8468 

7090 8469 

7092 8470 

7093 8471 

7094 8472 

7095 8473 

7096 8474 

7096a 8475 

7097 8476 

7098 8477 

7099 8478 

7100 8479 

7101 8480 

7102 8481 

7103 8482 

2854 



C. L. Sec. Herein 

7103a 8483 

7103b 8484 

7103c 8485 

7104 8486 

7104a 8487 

7104g 8488 

7104h 8489 

7104i 8490 

7105 8491 

7106 8492 

7107 8493 

7108 8494 

7109 8495 

7110 8496 

7111 8497 

7114 8498 

7115 8499 

7116 8500 

7117 8501 

7118 8502 

7119 8503 

7120 8504 

7121 8505 

7122 8506 

7123 8507 

7124 8508 

7125 8509 

7126 8510 

7127 8511 

7129 8512 

7131 8513 

7131a 8514 

7131b 8515 

7132 8516 

7133 8517 

7134 8518 

7135 8519 

7135a 8520 

7136 8521 

7138 • 8522 

7139 8523 

7140 8524 

7141 8525 

7142 8526 

7143 8527 

7143g 8528 

7144 8529 

7144a 8530 

7144b 8531 

7144c 8532 

7145 8533 

7146 8534 

7147 8535 

7148 8536 

7148a 8537 

7149 8538 

7150 8539 

7151 8540 

7152 8541 

7153 8542 

7153a 8543 

7153b 8544 

7153c 8545 

7153d 8546 

7153e 8547 

7153f 8548 

7153tr 8549 



COMPILED LAWS 



C. L. Sec. Herein 

7153h 8550 

7153i 8551 

7153j « 8552 

7153k 8553 

7153 1 8554 

7155 8555 

7156 8556 

7157 8557 

7158 8558 

7159 8559 

7160 8560 

7160a 8561 

7161 8562 

7162 8563 

7163 8564 

7164 8565 

7165 8566 

7166 8567 

7167 8568 

7168 8569 

7169 8570 

7170 8571 

7171 8572 

7172 8573 

7173 8574 

7174 8575 

7175 8576 

7176 8577 

7177 8578 

7178 8579 

7179 8580 

7179a 8581 

7179b 8582 

7179c 8583 

7205 8584 

7206 8585 

7207 8586 

7208 8587 

7209 8588 

7210 8589 

7211 8590 

7212 8591 

7213 8592 

7214 8593 

7215 8594 

7216 8596 

7217 8597 

7218 8598 

7219 8599 

7220 8600 

7230 8602 

7231 8603 

7232 8604 

7233 8605 

7234 8606 

7235 8607 

7236 8608 

7237 8609 

7238 8610 

7239 8611 

7240 8612 

7241 8613 

7242 8614 

7243 8615 

7250 8616 

7351 8617 

7352 8618 



C. L. Sec. Herein 

7353 8619 

7354 8620 

7355 8621 

7356 8622 

7357 8623 

7358 8624 

7368 8625 

7369 8626 

7370 8627 

7375 8628 

7376 8629 

7380 8630 

7381 8631 

7382 8632 

7383 8633 

7384 8634 

7385 8635 

7386 8636 

7387 8637 

7388 8638 

7389 8639 

7390 c 8640 

7391 8641 

7392 8642 

7393 8643 

7394 8644 

7400 8645 

7401 8646 

7402 8647 

7403 8648 

7404 8649 

7405 8650 

7406 8651 

7407 8652 

7408 8653 

7425 8654 

7426 8655 

7427 8656 

7428 8657 

7429 8658 

7430 8659 

7431 8660 

7432 8661 

7433 8662 

7434 8663 

7435 8664 

7436 8665 

7437 S666 

7438 8667 

7439 8668 

7440 8669 

7445 8670 

7446 8671 

7447 8672 

7448 8673 

7449 8674 

7450 8675 

7451 8676 

7452 8677 

7453 8678 

7454 8679 

7455 8680 

7456 8681 

7457 8682 

7458 8683 

7459 8684 

2855 



C. L. Sec. Herein 

7480 8685 

7481 8686 

7482 8687 

7483 8688 

7484 8689 

7485 8690 

7486 8691 

7487 8692 

7488 8693 

7489 8694 

7490 8695 

7491 8696 

7492 8697 

7493 8698 

7494 ...8699 

7495 8700 

7500 8701 

7501 8702 

7502 8703 

7503 8704 

7504 8705 

7509 8706 

7510 8707 

7511 8708 

7516 8709 

7517 8710 

7518 8711 

7519 8712 

7520 8713 

7521 8714 

7522 8715 

7522a 8716 

7523 8717 

7524 8718 

7525 8719 

7529 8720 

7530 8721 

7531 8722 

7532 8723 

7538 8724 

7539 8725 

7540 8726 

7541 8727 

7542 8728 

7543 8729 

7544 8730 

7545 8731 

7546 ". 8732 

7547 8733 

7548 .., 8734 

7549 8735 

7550 8736 

7551 8737 

7552 8738 

7553 8739 

7554 8740 

7559 8741 

7560 8742 

7565 8743 

7566 8744 

7567 8745 

7568 8746 

7569 8747 

7570 8748 

7571 8749 

7572 8750 



Vol. Ill— 9 



PARALLEL REFERENCES 



C. L. Sec. Herein 

7573 8751 

7574 8752 

7575 8753 

7576 8754 

7577 8755 

7578 8756 

7579 8757 

7580 8758 

7581 8759 

7582 8760 

7583 8761 

7584 8762 

7585 8763 

7586 8764 

7587 8765 

7588 8766 

7589 8767 

7600 8768 

7601 8769 

7602 8770 

7607 8771 

7608 8772 

7609 8773 

7610 8774 

7611 8775 

7612 8776 

7613 8777 

7614 8778 

7615 8779 

7616 8780 

7617 8781 

7618 8782 

7619 8783 

7620 8784 

7621 8785 

7622 8786 

7623 8787 

7624 8788 

7630 8789 

7631 8790 

7632 8791 

7633 8792 

7634 8793 

7635 8794 

7636 8795 

7637 8796 

7638 8797 

7639 8798 

7640 8799 

7641 8800 

7642 8801 

7647 8802 

7648 8803 

7649 8804 

7650 8805 

7651 8806 

7652 8807 

7653 8808 

7655 8809 

7656 8810 

7657 8811 

7658 8812 

7659 8813 

7660 8814 

7661 8815 

7662 8816 



C. L. Sec. Herein 

7665 8817 

7666 8818 

7667 8819 

7668 8820 

7669 8821 

7670 8822 

7675 8823 

7676 8824 

7677 8825 

7678 8826 

7679 8827 

7680 8828 

7681 8829 

7682 8830 

7683 8831 

7684 8832 

7685 8833 

7686 8834 

7687 8835 

7688 8836 

7689 8837 

7690 8838 

7691 8839 

7692 8840 

7693 8841 

7694 8842 

7695 8843 

7696 8844 

7697 8845 

7698 8846 

7710 8847 

7711 8848 

7712 8849 

7713 8850 

7714 8851 

7715 8852 

7716 8853 

7717 8854 

7718 8855 

7719 8856 

7720 8857 

7721 8858 

7721a 8859 

7722 8860 

7723 8861 

7724 8862 

7730 8863 

7731 8864 

7732 8865 

7733 8866 

7734 8867 

7740 8868 

7741 8869 

7742 8870 

7743 8871 

7744 8872 

7745 8873 

7746 8874 

7747 8875 

7748 8876 

7749 8877 

7750 8878 

7755 8879 

7756 8880 

7757 ,. .8881 

7758 8882 

2856 



C. L. Sec. 

7759 .... 



Herein 

...8883 
...8884 
...8885 
...8886 
...8887 
...8888 
...8889 
...8890 
...8891 
...8892 
...8893 
...8894 
...8895 
...8896 
...8897 
...8898 
...8899 



7760 

7761 

7762 

7763 

7768 

7769 

7770 

7771 

7772 

7773 

7774 

7775 

7776 ..-. 

7777 

7778 

7779 

7779a , 8900 

7779b 8901 

7779c 8902 

7780 8903 

7781 S904 

7782 8905 

7787 8906 

7788 8907 

7789 8908 

7790 8909 

7795 8910 

7815 8911 

7816 8912 

7817 8913 

7818 8914 

7819 8915 

7820 8916 

7821 8917 

7822 8918 

7823 8919 

7824 8920 

7825 8921 

7826 89224 

7827 8923 

7828 8924 

7829 8925 

7830 8926 

7831 8927 

7832 8928 

7833 8929 

7834 8930 

7835 8931 

7836 8932 

7837 8933 

7838 8934 

7841 8935 

7842 8936 

7843 8937 

7846 8938 

7847 8939 

7848 8940 

7855 8941 

7856 8942 

7857 8943 

7858 8944 

7859 8945 

7860 8946 

7861 8947 

7862 8948 



COMPILED LAWS 



C. L. Sec. Herein 

7863 8949 

7864 8950 

7865 * 8951 

7866 8952 

7867 8953 

7868 8954 

7869 8955 

7870 8956 

7871 8957 

7872 8958 

7873 8959 

7874 8960 

7875 8961 

7876 8962 

7877 8963 

7878 8964 

7879 8965 

7880 8966 

7881 8967 

7882 8968 

7883 8969 

7884 8970 

7885 8971 

7886 8972 

7887 8973 

7888 8974 

7889 8975 

7900 8976 

7901 8977 

7902 8978 

7903 8979 

7904 8980 

7905 8981 

7906 8982 

7907 8983 

7908 8984 

7909 8985 

7915 8986 

7916 8987 

7917 8988 

7918 8989 

7919 8990 

7920 8991 

7921 8992 

7922 8993 

7923 .....8994 

7924 8995 

7925 8996 

7926 8997 

7927 8998 

7928 8999 

7929 9000 

7930 9001 

7931 9002 

7932 9003 

7933 9004 

7934 9005 

7940 9006 

7941 9007 

7942 9008 

7943 9009 

7944 9010 

7945 9011 

7946 9012 

7946a 9013 

7947 9014 

7950 9015 



C. L. Sec. Herein 

7951 9016 

7952 9017 

7953 9018 

7960 9019 

7961 9020 

7962 9021 

7963 9022 

7980 9023 

7981 9024 

7982 9025 

7983 9026 

7984. 9027 

7985 9028 

7986 9029 

7987 9030 

7988 9031 

7989 9032 

7990 9033 

7991 9034 

7991a 9035 

7992 9036 

7993 9037 

7994 9038 

7995 9039 

7996 9040 

7997 ,.9041 

7998 9042 

7999 9043 

8000 9044 

8001 9045 

8002 9046 

8003 9047 

8005 9048 

8006 .9049 

8007 9050 

8008 9051 

8009 9052 

8010 9053 

8011 9054 

8012 9055 

8013 9056 

8014 9057 

8015 9058 

8016 9059 

8017 9060 

8018 9061 

8019 9062 

8020 9063 

8021 9064 

8022 9065 

8040 9066 

8041 9067 

8042 9068 

8043 9069 

8044 9070 

8045 9071 

8046 9072 

8047 9073 

8048 9074 

8049 9075 

8050 9076 

8051 9077 

8056 9078 

8057 9079 

8062 9080 

8063 9081 

8064 9082 

2857 



C. L. Sec. Herein 

8065 9083 

8070 9084 

8071 9085 

8072 9086 

8073 9087 

8074 9088 

8075 9089 

8076 9090 

8077 9091 

8100 9092 

8101 9093 

8102 9094 

8103 9095 

8104 9096 

8105 9097 

8106 9098 

8107 9099 

8108 9100 

8109 9101 

8110 9102 

8111 9103 

8112 9104 

8113 9105 

8114 9106 

8115 9107 

8116 9108 

8117 9109 

8118 9110 

8119 9111 

8120 9112 

8121 9113 

8122 9114 

8123 9115 

8124 9116 

8125 9117 

8126 9118 

8127 9119 

8128 9120 

8129 9121 

8130 9122 

8131 9123 

8132 9124 

8133 9125 

8134 9126 

8135 9127 

8136 9128 

8141 9129 

8142 9130 

8143 9131 

8148 9132 

8149 9133 

8150 9134 

8151 9135 

8152 9136 

8153 9137 

8154 9138 

8155 9139 

8160 9140 

8161 .* 9141 

8162 9142 

8163 9143 

8164 9144 

8165 9145 

8166 9146 

8167 9147 

8168 9148 

8169 9149 



Vol. Ill— 10 



PARALLEL REFERENCES 



C. L. Sec. Herein 

8170 9150 

8171 9151 

817(5 9152 

8177 9153 

8178 9154 

8179 9155 

8180 9156 

8181 9157 

81S2 9158 

8183 9159 

8184 9160 

8185 9161 

8186 9162 

8187 9163 

8188 9164 

8189 9165 

8194 9166 

8195 9167 

8196 9168 

8197 9169 

8198 9170 

8199 9171 

8200 9172 

8205 9173 

8206 9174 

8207 9175 

8212 9176 

8213 9177 

8214 9178 

8215 9179 

8216 9180 

8217 9181 

8222 9182 

8223 9183 

8224 9184 

8225 9185 

8226 9186 

8227 9187 

8228 9188 

8229 9189 

8234 9190 

8236 9191 

8238 9192 

8239 9193 

2840 9194 

8241 9195 

8242 9196 

8243 9197 

8248 9198 

8249 9199 

8250 9200 

8251 9201 

8252 9202 

8253 9203 

8254 9204 

8255 9205 

8256 9206 

8257 9207 

8258 9208 

8259 9209 

8260 9210 

8261 9211 

8262 9212 

8263 9213 

8264 9214 

8265 9216 

8266 9217 



C. L. Sec. Herein 

8267 9218 

8268 9219 

8269 9220 

8270 9221 

8271 9222 

8272 9223 

8273 9224 

8274 9225 

8275 9226 

8280 9227 

8280a 9228 

8281 9229 

8282 9230 

8283 9231 

8284 9232 

8285 9233 

8286 9234 

8287 9235 

8288 9236 

8289 9237 

8290 9238 

8291 9239 

8292 9240 

8293 9241 

8294 9242 

8295 9243 

8296 9244 

8297 ...9245 

8298 9246 

8299 9247 

8300 9248 

8301 9249 

8302 9250 

8303 9251 

8304 9252 

8305 9253 

8306 9254 

8307 9255 

8308 9256 

8309 9257 

8310 9258 

8311 9259 

8312 9260 

8313 9261 

8314 9262 

8320 9263 

8321 9264 

8322 9265 

8323 9266 

8324 9267 

8325 .9268 

8326 9269 

8327 9270 

8338 9271 

8339 9272 

8340 9273 

8341 9274 

8342 9275 

8343 9276 

8344 9277 

8345 9278 

8346 9279 

8347 9280 

8348 9281 

8349 9282 

8350 9283 

8351 9284 

2858 



C. L. Sec. Herein 

8352 9285 

8353 9286 

8354 9287 

8355 9288 

8356 9289 

8357 9290 

8358 9291 

8359 9292 

8360 9293 

8361 9294 

8362 9295 

8363 9296 

8364 9297 

8365 9298 

8366 9299 

8367 9300 

8368 9301 

8369 9302 

8370 9303 

8371 9304 

8372 9305 

8373 9306 

8374 9307 

8375 9308 

8377 9309 

8378 9310 

8379 9311 

8380 9312 

8381 9313 

8382 9314 

8383 9315 

8384 9316 

8385 9317 

8386 9318 

8390 9319 

8391 9320 

8392 9321 

8393 9322 

8394 9323 

8395 9324 

8396 9325 

8397... 9326 

8398 9327 

8399 9328 

8400 ...9329 

8401 9330 

8402 9331 

8403 9332 

8404 9333 

8405 9334 

8406 9335 

8407 9336 

8408 9337 

8409 9338 

8416 9339 

8417 9340 

8418 9341 

8419 9342 

8420 9343 

8421 9345 

8423... 9346 

8424 9347 

8425 9348 

8426 9349 

8435 9350 

8440 9351 

8440a 9352 



COMPILED LAWS 



C. L. Sec. Herein 

8441 9353 

8442 9354 

8460 ." 9355 

8461 9356 

8461a 9357 

8462 9358 

8463 9359 

8464 9360 

8465 9361 

8466 9362 

8467 9363 

8468 9364 

8468a 9365 

8469 9366 

8469a 9367 

8469b 9368 

8470 9369 

8471 9370 

8472 9371 

8473 9372 

8474 9373 

8475 9374 

8476 9375 

8477 9376 

8478 9377 

8479 9378 

8480 9379 

8481 9380 

8482 9381 

8483 9382 

8484 9383 

8485 9384 

8486 9385 

8487 9386 

8488 9387 

8489 9388 

8490 9389 



C. L. Sec. Herein 

8491 9390 

8492 9391 

8493 9392 

8494 9393 

8495 9494 

8496 9395 

8498 ...9396 

8499 9397 

8500 9398 

8501 9399 

8502 9400 

8503 9401 

8504 9402 

8505 9403 

8506 9404 

8507 9405 

8508 9406 

8510 9407 

8511 9408 

8512 9409 

8515 9410 

8516 9411 

8517 9412 

8518 9413 

8519 .9414 

8525 9415 

8526 9416 

8527 9417 

8528 9418 

8529 9419 

8530 9420 

8531 9421 

8532 8422 

8533 9423 

8534 9424 

8535 9425 



C. L. Sec. Herein 

8536 9426 

8537 9427 

8538 9428 

8539 9429 

8540 9430 

8541 9431 

8542 9432 

8542b 9433 

8542c 9434 

8542d 9435 

8542e 9436 

8543 9437 

8544 9438 

8545 9439 

8546 9440 

8547 9441 

500:2 9442 

500:3 9443 

500:4 9444 

500:5 9445 

500:6 9446 

500:7 9447 

500:8 9448 

500:9 9449 

500:10 9450 

500:11 9451 

500:12 9452 

500:13 9453 

500:14 9454 

500:15 9455 

500:16 9456 

500:17 9457 

500:17a 9458 

500:18 9460 

500:19 9461 

500:20 9462 



2859 



PARALLEL REFERENCES 

SESSION LAWS OF 1909. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under "Herein." 

Abbreviations : c, chapter; obs., obsolete; C. L., Compiled Laws; p., page; r., re- 
pealed; ri., repealed by implication; subd., subdivision; s., superseded; unconst., un- 
constitutional 



Page 


Sec. 


Herein 


Page 


Sec. 


Herein 


Page 


Sec. 


Herein 


3 


1 . 


...s.'17,c.78 


82 


3 . 


9217 


102 


19 . 


2678 


4 


1 


2328 


82 


4 . 


9218 


103 


22 . 


2814 


5 


1 


496 


83 


5 . 


9221-3 


104 


23 


2818 


6 


1 


8407 


83 


6 . 


9225 


104 


24 


2666 


7 


1 


1289 


84 


7 . 


9226 


104 


1 


5626 






1150 


84 


8 . 


9220 


105 




r.'19,c.8 


8 


1 


6470 






9222 


106 


1 


51-4 






4780 






9224 


108 


1 


5633 


9-13 


1-14 


s.'15,c.28 


85 


1 .. 


.r.'19,c.8,65 




2 


5634 


14-15 


15-19 


s.'15,c.ll 


86 


2 . 


2658 




3 


5635 


16 


20 


s.'ll,c.l5 






2662 


109 


1 


6566 


16-17 


21-6 


s.'^c.ll 


87 


3 . 


2653-4 






6569 


17 


27 


s.'ll,c.l5 






2664 


110 


1-2 


8716 


18 


28 . 


.s.'15,c.ll,28 


87 


4 . 


2700-1 


113 




.9458 subd. 6 


18 


29 . 


.s. , 15,c.ll,28 






2704 


145 


1 


3087 


18 


30 


s.'ll,c.l5 






2796-7 






289 


18 


31 


2605 


89 


5 . 


2730 


146 


1 


3659 


18 


32 


s.'ll,c.l5 






. 2732-3 


146 


2 


3660 


18 


33 


s.'15,c.ll 






2735 


147 


3 


3661 


19 


34 


s/15,c.28 






2738-9 


147 


4 


8719 


19 


1 


902 






2741-3 


147 


1 


3696-7 


20 


1 


6646 


90 


6 . 


2749 


148 


1 


. ...r.'ll,c.60 






8474 


91 


7 . 


2726 


149 


1 


r.'19,c.34 


21 


1 


.9458 subd. 3 






2758 




1 


6380 


22 


1 


3702 






2761-2 




2 


6381 


24 


1-2 


. ..r.'ll,c.l59 






2765-6 


150 


3 


6382 


26 


1 


8564 


92 


8 . 


....2668-73 




4 


6383 




1 


6817 






2686 




5 


6384 


27 


1 


9450 






2688 




1 


5624-5 


28 


1-8 


r/13,c.61 






2690 


152 


1 


2822 


34 


1 . 


...ri.'17,c.81 






2697 






2825 


38 


1 
1-11 


1066 

..r..l9,c.l61 






2771 
2774 


152 


2 


2821 

2825 


43 


1-15 
15 


.9458 subd. 4 
71 


94 


9 . 


2699 

2704 


153 


3 


2824 

2826 


55 


1-2 


8404 






2708 


153 


4 


2827-8 


65 


1 


1130 






2710 


153 


5 


2660 






.9458 subd. 5 






2712-20 


153 


1 


r.'19,c.8 


66 


1 


r.'19,c.8 


94 


9 . 


2776 






1652 


67 


1-2 


2911 


96 


10 . 


2724 






1655 


70 


1 


3070 


96 


11 . 


2768-9 






1660-61 


72 


1 




97 


12 . 


2661 


157 


2 


1658-9 




1 


3692 






2805-6 


157 


1 


4696 


73 


1 


854 






2817 




2 


4710 




2 


857 




14 . 


2751-4 


159 


3 


4711 




3 


858 


98 


15 . 


...r.'19,c.65 


159 


4 


4715 




4a-h 


862 


99 


16 . 


2807 


160 


5 


4716 




5 


863 






2809-10 


160 


6 


4728 




6 


864 


99 


17 . 


2706-7 


162 


7 


4729 




7 


865 






2731 


162 


8 


4737 


76 


1 


6901 






2750 


162 


9 


4746 


77 


1 


6458 






2779-80 


163 


10 


4752 




1 


...r.'ll,c.l59 






2802 


165 


1 


7341 


79 


1 


2886-7 


101 


18 . 


2656 


166 


2 


7342 




2 


2889 






2667 


167 


1 


2198 


81 


1 








2672 




2 


2199 




2 


8515 






2675-6 


168 


3 


2200 


82 


1 








2813 




4 


2201 


82 


2 


9216 






2815 


169 


5 


2202 



2860 



SESSION LAWS OF 1909 



Page 


Sec. 


Herein 


Page 


Sec. 


Herein 




6 . 


2203 


231-7 cont. 


1677 


170 


7 . 


2204 






1737 




8 . 


* 2205 






s.'ll,c.l96 




9 . 


2206 






1729 




10 


2207 






1678-80 


171 


1 . 


6953 






1682 




2 . 


6954 


238 






172 


3 . 


6955 


266-7 


1 . 


5485 


172 


1 . 


1485 


267 


2 . 


5486 


173 


2 . 


1487 




3 . 


5487 


174 


1 . 


4109 




4 . 


5488 


175 


1 . 


8542 




5 . 


5489 


176 


2 . 


8543-4 


268 


6 . 


5490 


179 


1 . 


3914-25 




7 . 


5491 


182 


2 . 


3926-8 




8 . 


5492 


182 


1 


r.'15,c.61 




9 . 


5493 


185 


1 . 


6676 




10 . 


5494 


186 


2 . 


6677 


269 


11 . 


5495 


187 


3 . 


6678 




12 . 


5496 




4 . 


6680 




13 . 


5497 


188 


1 


.9458 subd. 7 




14 . 


5498 


189 


1 . 


3527 




15 . 


5499 


190 


1 . 


2236 




16 . 


5500 






1976 




17 . 


5501 


191 




898 




18 . 


5502 




1 . 


2109 




19 . 


5503 


192 


2 . 


2103 




20 . 


5504 


192 


1 


. . .r.'ll,c.l59 


270 


21 . 


5505 


193 




..ri. , 19,c.l28 




22 . 


5506 


194 


6 . 


63 




23 . 


5507 


196 


1-44 r 


.'19,c.l07,122 




24 . 


5508 


211-2 


1-2 . 


1887 




25 . 


5509 


212 


3 . 


1888 




26 . 


5510 






1890-2 


271 


27 . 


5511 




4 . 


1898 




28 . 


5512 






1900 




29 . 


5513 






1906 




30 . 


5514 


213 


5 . 


1893-4 




31 . 


5515 


214 


6 . 


1901 


272 


1 . 


1010 




7 . 


1889 


273 


2 . 


1014 






1895 




3 . 


1017 






1902 




1 . 


..r.'ll,c.l59 


215 


8 . 


1896-7 


274 


2 . 


819 




9 . 


1899 




1-26 . 


. . . .unconst. 




10 . 


1904 


294 


n 


. ..ri/15,c.28 




11 . 


1905 


296 




...s.'15,c.95 




12 . 


...dup. 3655 


297 


1-3 . 


.8512 




13 . 


1903 


297-8 


1-2 r 


/19,c.l07,122 


216 




884-5 


298 


1-2 . 


1466 






887-92 


299 


1 . 


..^11,(5.159 


220 


1 . 


3699 


300 


1 . 


5584 


223 


1 . 


825-8 




2 . 


5585-8 


224 


1 . 


1018 


301 


3 . 


5589-90 


225 




. ..r.'ll,c.l59 


302 


4 . 


5591 


227 


1 . 


2941 


303 


5 . 


5592 


228 


2 . 


2942 




6 . 


5593 


229 


3 . 


2943 




7 . 


5594 


229 


4 . 


2945 


304 




.9458 subd. 8 


229 


5 . 


2947 


316-7 


1-3 . 


1050-3 


230 


6 


2948 


317 


4 . 


1054 


231 


8 . 


2950 


318-20 


1 . 


34-5 


231 


9 . 


2951 






41 


231-7 


1 


1671-3 






46 






r.'19,c.8 


320 




.9458 subd. 9 






1675-6 


322-6 


1 


r.'19,c.8 






r.'19,c.8 






2063-5 










2861 



Page 


Sec. 


Herein 

2074 


326 


1 


....r.'15,c.34 


326-9 


1 


5608-9 

5611-2 


330 


1 


3700 


331 


1 


3071 




2 


3072 




3 


3072 




4 


3073 


332 


5 


3074 


332 


6 


3074 


332 




3570 


333 


1 


2355 


333 


1 


80 


334 


1 


8035 




2 


8035 


335 


1 


2601 




2 


2602 




3 


2603 


336 


1 


...3061 




2 


3062 


337 


3 


3063 




4 


3064 




5 


3065 


338 


6 


3066 




7 


3067 




8 


3068 


339 






340 




9458, subd. 10 


342 




r.'ll,c.72 


358 


1 


177 




1 


133-4 


359 


1-3 


484 


360 


1 


2893 




2 


158 

319 




3 


. 141, subd. 18 

158 

2893 


361 


1 


170 




2 


171 

319 


362 




. . .r.'15,c.l68 


363 


1 


158 


364 




133-4 


365 




9458, subd. 11 


368 




9458, subd. 12 


370 




9458, subd. 13 


373-6 


1 


313 

2956-8 
2959 
2960-5 
2966 
2967 
2968 
2969-70 
2974 
2975 


376 




9458, subd. 14 


379 


1 


1122 




2 


1123 




3 


1124 




4 


1125 




5 


1126 


380 


6 


1127 



PARALLEL REFERENCES 



Page 


Sec. Herein 


Page 


Sec. 


Herein 


Page 


380-2 


7-14 9458, subd. 15 




3-7 




418-9 


382 


9458, subd. 16 




8 


3089 


419 


385 


9458, subd. 17 


404 




9458, subd. 20 


423 


388 


r.'ll,c.89 


407 




9458, subd. 21 


426 


390 


9458, subd. 18 


410-12 


1-10 


...ri.'15,c.28 


430 


397 


9458, subd. 19 


413 




9458, subd. 22 


431 


402 


1-2 3088 


418 




8475 





Sec. Herein 

...r.'ll,c.l59 

9458, subd. 23 

9458, subd. 24 

9458, subd. 25 

875-80 

r.'13,c.58 



2862 



SESSION LAWS OF 1911 



SESSION LAWS OF 1911. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under "Herein." 



Abbreviate 


ons: 


c, chapter; obs., 


obsolete; C 


. L., Compiled Laws; p., 


page; r., re- 


pealed ; 


n., 


repealed by im] 


plication ; 


subd., subdivision; : 


3., superseded; 


unconst., un- 


constitutional 














Chap. 


Sec. 




Herein 


Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


2 


2 




495 


36 


9458, 


subd. 30 


55 cont. 2 


1491 




6 




, . . . 58 
62 


37 




37 


3-5 
6 


1492-4 






41 


1495 


4 


1 




..6454-6 


38 


. . .r 


'13,0.163 


7 


1499 




2 




6458 


39 


1 


....2896 


8 


1500 




3 




....6461 




2 


....2901 


9 


1501 




4 




6462 


40 


1 


6556 


10 


1502 


5 


1 




16 


41 


1 

2-10 9458, 


. . , , 1201 
subd. 31 


11 
12 


1503 


6 




2897 


1504 




2 




2898 




11-12 


.r.'19,c.8 


13 


1505 




3 




2899 




13-14 




14 


1506 




4 




2900 




15 


.r.'19,c.8 


15 


1507 




5 




2901 




16 


. . . . 1202 


16 


1508 




6 


9458 


, subd. 26 




17 


1203 


. 17 


1509 


7 




9458 


subd. 27 




18 ...r 


'19,c.l28 


18 


1510 


8 


1 




495 




19 


....1204 


19 


1511 




4 




6456 




20 ...ri, 


, 19,c.l28 


20 


1512 


9 


1 




3442 




21 


....1206 


21 


1513 


10 






r.'13,c.58 




22 


....1207 


22 


1514 


11 






4794 




23 .... 


....1208 


23 


1515 


12 






r.'ll,c.81 




24 .... 


....1209 


24 


1516 


13 


1 




7803 




25 


...,1210 


25 


1517 


14 


1 




3016 




26 .... 


....1211 


26 


1518 


15 


1 




....2605 




27 


...1212 


27 


1519 




2 




2631 




28 .... 


...1213 


28 


1520 




3 




2632 




29 


...1214 


29 


1521 




4 




2633 




30 .... 


....1215 


30 


.'1522 




5 




2634 




31 


...1216 


31 


1523 




6 




2635 




32 


...1217 


32 


1524 




7 




2636 




33 ..... 


...1218 


33 


1525 




8 




2637 




34 


...1219 


34 


1526 




9 




....2638 




35 


...1220 


35 


1527 




10 




2639 




36 


...1221 


36 


1528 




11 




....2640 




37 


...1222 


37 


1529 




12 




2641 




38 


...1223 


38 


1530 




13 




2642 




39 


...1224 


39 


1531 




14 




2643 




40 


...1225 


40 


1532 


16 




9458, 


subd. 28 




41 


...1226 


41 


1534 


18 


1 




....6872 




42 


...1227 


42 


1535 


20 


6 




. ... 61 




43 


...1228 


43 


1536 








64 




44 


...1229 


44 


1537 


21 






....8148 




45 


...1230 


45 


1538 


22 




9458, 


subd. 29 


42 


9458, 


subd. 32 


46 


1539 


23 


1 




....8978 


44 


1-2 


...1336 


47 


1540 


24 






24 


45 
46 


1 


...4422 


48 
49 


1541 






41 


1542 


26 


1-3 




...1078 




2 


...4423 


50 


1543 




4 




...1079 






4427 


51 


1544 


28 


1 




... 495 




3 


...4424 


52 


1545 




4 




...6456 




4 


.4425-6 


53 


1546 








6458 


47 


9458, 


subd. 33 


54 


1547 


29 


1 




...6677 


49 




\'13,c.61 


55 


1548 


30 






...4109 


51 


1 


...3010 


56 


1549 


31 






8 




2 

3 


3011 
...3012 


57 
58 


1550 






50 


1551 


32 


1 




...3981 


52 


1 


...1284 


59 


1552 


33 




. . .r. 


'13,c.l78 


53 


9458, 


subd. 34 


60 


1553 


34 




. . .r. 


, 13,c.l63 


54 




\'13,c.58 


61 


1554 


35 


1-2 




...3005 


55 


1 


...1490 


62 


1555 



2863 



PARALLEL REFERENCES 



Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


Chap. 


Sec. 


Herein 


55 cont. 


63 


1556 


68 1 .... 


8212 


72 cont 


56 


740 




64 


1568 


69 1 9458 


subd. 36 




57 


741 




65 


1569 


70 


unconst. 




58 


742 


56 


1 


1358 


71 1 .... 


4454 




59 


743 




2 


1359 




4346 




60 


744 


58 


1-4 


r.'19,c.8 


2 


.4455 65 




61 


749 


58 


5 


2063 65 


3 


4362 




62 


750 




6 




4 


4384 




63 


751 




8 
9 




5 

6 , 

7 


. . . . 4386 
....4388 




64 
65 
66 


752 

753 

754 




10 




72 1 






67 


755 




11 


2076 79 


2 


680 




68 


756 






2085 


3 


681 




69 


757 


59 


1 




4 


682 




70 


758 


60 


1 




5 .... 


683 




71 


763 






1336-41 


6 


. ... 684 




72 


764 






1344 


7 


.... 685 




73 


765 






1346 


8 .... 






74 


766 






1353 


9 


688 




75 


767 






1374 


10 .... 


689 




76 


........ 768 


60 


3 




11 


690 




77 


769 






1314 


12 


691 




78 


770 






1319 


13 .... 


692 




79 


771 






1324-27 


14 


693 




80 


772 


61 


1 




15 


694 




81 


773 


62 


2 




16 .... 


. ... 696 




82 


774 


62 


3 




17 .... 


697 




83 


775 






2732-35 


18 .... 


698 




84 


776 






2738 


19 


699 




85 


777 






2739 


20 .... 


702 




86 


778 






2741-2 


21 


703 




87 


779 




4 




22 .... 


. ... 705 




88 


780 






2761-2 


23 .... 


. ... 706 




89 


781 






2765-6 


24 


708 




90 


782 




5 




25 


709 




91 


783 






2673-4 


26 .... 


710 




92 


784 






2686 


27 


711 




93 


785 






2688 


28 .... 


712 




94 


786 






2774 


29 


713 




95 


787 






2690 


30 .... 


714 




96 


788 






2697 


31 


. ... 715 




97 


759 




6 


2699 


32 


716 




98 


760 






2708-10 


33 


717 




99 


761 






2712-20 


34 


. ... 718 




100 


762 






2723 


35 .... 


719 




101 


789 






2776 


36 .... 


720 


74 


1 


4870 




7 


2656 


37 .... 


721 




2 


4871 






2667 


38 .... 


722 




3 


9458, subd. 37 






2672 


39 


. ... 723 


75 


1 


7406 






2675-7 


40 .... 


. ... 724 


77 




9458, subd. 38 






2813 


41 


. ... 725 


79 




9458, subd. 39 






2815 


42 


.... 726 


80 


1 


4125-52 




8 


2678 


43 


. ... 727 






4156 




9 


2665 


44 .... 


. ... 728 






4160 




10 


2706-7 


45 


. ... 729 


81 


1 


3940-44 






2731 


46 .... 


. ... 730 


82 


1 


4172 






2750 


47 


. ... 731 




2 


4173-5 






2779-80 


48 .'... 


. ... 732 






4214 






2802 


49 


. ... 733 




2a 


4175 


63 


1 


3707 


50 


. ... 734 






4215 


63 


2 


dup. 3713 


51 


. ... 735 




2b 


4176-7 


64 


1 


5570 


52 .... 


. ... 736 




3 


4178-80 


65 


1 


...r.^c.m 


53 


... 737 




4 


4181 


66 




9458, subd. 35 


54 


... 738 




4a-z 


...4182-4207 


67 


1 


1483 


55 
2864 


739 




5 


4208 



SESSION LAWS OF 1911 



Chap. Sec. 


Herein 


Chap. 


Sec. 




Herein 


Chap. Sec. 


Herein 


82 cont. 6 . . 


4209 


82 cont. 


69 




....4291 


123 1 . 


2322 


7 .. 


4210 




70 




4292 


2 . 


2322 


8 /. 


4211 




71 




4293 


124 1-7 . 


r.'19,c.8 


9 .. 


4212 




72 




4294 


8 . 


5206 


10 .. 


4213 




73 




4295 


9 . 


5205 




4216 




74 




4296 


10 . 


5212 


11 .. 


4217 




75 




4297 


11 . 


5213 


12 .. 


4218-9 




76 




4298 


12 . 


5214 


13 .. 


4220 


84 




9458, 


subd. 40 


13 . 


5215 


14 .. 


4221 


87 




9458, 


subd. 41 


14 . 


5216 


15 .. 


4222 


88 






6935 


15 . 


5218 


16 .. 


4223 


89 


1 




3090 


16 . 


5219 


17 .. 


4224 




2 




3090 


17 . 


5221 


18 .. 


4224-5 




3 




3091 


18 . 


5222 


19 .. 


4226 




4 




3092 


19 . 


5223 


20 .. 


4227 




5 




3093 


20 . 


5224 


21 .. 


4227-9 




6 




3094 


21 . 


5225-6 


22 .. 


...4230-33 




7 




3095 


22 . 


5227 


23 .. 


4234 


90 






3710 


23 . 


5228 


24 .. 


4235 


91 






ri/19,c.8 


24 . 


5229 


24a .. 


4236-9 


92 






6569 


25-6 . 


. .r/13,c.l72 


24b-c .. 


4240-1 


93 




.... 


r.'13,c.58 


27 . 


5239 


25 .. 


4242 


94 


1 




8298 


28 . 


5240 


26 .. 


4243 




2 




8298 


29 . 


5241 


27 .. 


4244 


95 






3438 


30 . 


5242 


28 . . 


4245 


96 






....6468 


31 . 


5243 


29 .. 


4246 


97 


1 




....2590 


32 . 


5244 


30 .. 


4247 




2 






33 . 


5245 


31 .. 


4248 




3 




2590 


34 . 


5246 


32 .. 


4249 


98 






2945 


35 . 


5247 


33 .. 


4250 


99 






....8293 


36 . 


5249 


34 .. 


4251 


100 




. .s 


'15, c. 59 


37 . 


5250 


35 .. 


4252 


101 






8292 


38 . 


5251 


36 .. 


4253 


102 






9450 


39 . 


5252 


37 .. 


4254 


103 






....3699 


40 . 


5253 


38 .. 


4255 


104 




9458, 


subd. 42 


41 . 


5254 


39 .. 


4256 


105 




9458, 


subd. 43 


42 . 


5256 


40 .. 


4257 


106 




9458, 


subd. 44 


43 . 


5257 


41 .. 


4258 


107 


1 


. see note 6463 


44 . 


5260 


42 .. 


4259 


107 


2-3 




6464 


45 . 


5261 


43 .. 


4260 


108 




9458, 


subd. 45 


46 . 


5262 


44 .. 


4261 


109 




9458, 


subd. 46 


47 . 


5263 


45 .. 


4262 


110 






...6673 


48 . 


5264 


46 .. 


4263 


111 






....7152 


49 . 


5265 


47 .. 


4264 


112 






....8946 


50 . 


5266 


48 .. 


4265 


113 




9458, 


subd. 47 


51 . 


5271 


49 .. 


4266 


116 






...8520 


52 . 


5272 


50 .. 


4267 


117 


1 




...7163 


53 . 


5273 


51 .. 


4268 




2 




....7166 


54 . 


5274 


52 .. 


4269 


118 


1 




....6889 


55 . 


5209 


53 .. 


4270 




2 




...6890 


56 . 


5275 


54 .. 


4271-6 




3 




...6891 


57 . 


5276 


55 .. 


4277 




4 




...6892 


58 . 


5277 


56 .. 


4278 




5 




...6893 


59 . 


5278 


57 .. 


4279 


119 






...6886 


60 . 


5279 


58 .. 


4280 


120 


1 




...3494 


61 . 


5217 


59 .. 


4281 




2 




...3493 


62 . 


5280 


60 .. 


4282 




3 




.3495-6 


63 . 


5282 


61 .. 


4283 




4 




...3497 


64 . 


5283 


62 .. 


4284 




5 




...3498 


65 . 


5285 


63 .. 


4285 




6 




...3499 


66 . 


5286 


64 .. 


4286 




7 




.3500-1 


67 . 


5287 


65 .. 


4287 


121 






[•.'13,c.58 


68 . 


5288 


66 .. 


4288 


122 


1 




... 306 


69 .. 


5289 


67 .. 


4289 








309 


70 . 


5290 


68 .. 


4290 








316 


71 .. 


5291 



2865 



PARALLEL REFERENCES 



Chap. Sec. Herein 

124cont. 72 5292-3 

73 5294 

74 5295 

75 5296 

76 5297 

77 5304 

78 5299 

79 5300 

80 5301 

81 5208 

82 5302 

83 5303 

84-5 r.'19,c.8 

86 5259 

87 5284 

88 5210 

89 5220 

125 5652 

126 9458, subd. 48 

127 4389 

128 1 1674 

128 2-3 r.'19,c.8 

129 1984 

130 8336 

131 1 2324 

2 2325 

3 2326 

132 8561 

133 1350 

134 9458, subd. 49 

135 1257 

136 . .. r.'13,c.l89 

137 4616 

138 9458, subd. 50 

139 4389 

140 1 3662 

2 3663 

3 3664 

4 3664 

5 3664 

6 3665 

141 2 ...r.'13,c.l63 

143 9458, subd. 51 

144 9458, subd. 52 

145 8558 

146 . ..r.'13,c.l63 

147 1 8316 

2 8318 

3 8319 

4 8320 

5 8321 

6 8322 

7 8324 

8 8323 

9 8317 

148 26 

149 5560 

150 1 2205 

151 9458, subd. 53 

152 2091 

153 9458, subd. 54 

154 1-4 unconst. 

154 5 4346 

4454 

6 4455-65 

7 4343-45 



Chap. Sec. Herein 

154cont. 8 4362 

4407 
9 4384 

10 4386 

11 4388 

12 4407 

155 3728 

156 9458, subd. 55 

157 1389 

158 9450 

159 2-3 s.'13,c.77 

4-5 s.'13,c.77 

6 803 

7 . ...s.'13,c.77 

8 803 

9 803 

10 803 

11 803 

12 803 

13 803 

14 803 

15-18 s.'13,c.77 

19 180 

20 181 

21 182 

22a 183 

22b 184 

22c 185 

22d 186 

22e 187 

23-24 . ..r.'13,c.ll5 

35 807 

36 808 

37a 809 

37b 811 

37c 812 

37d 813 

37e .... 814 

38 815 

39 816 

40 817 

41 818 

42 819 

43a 820 

43b .... 822 

44 823 

45 821 

46 824 

47a 825-8 

48 829 

49 830 

50 831 

51 832 

52 833 

53 874 

54 875 

877-80 

55 881 

56 882 

57 883 

58 884-95 

59 896 

60 897 

61 898 

62 -902 

63 903 

2866 



Chap. Sec. Herein 
159 cont. 64 904 

65 905-6 

66 907 

67 908 

68 909 

69 910 

70 911 

71 912 

72 913 

73 914 

74 915 

75 916 

76 922 

77 923-4 

78 928-9 

79 930 

80 931-35 

81 936 

82 939 

83 940 

84 .... 941 

85 942 

86a 943 

86b 944 

87 945 

88 946 

89 947 

90 948-50 

91 951-2 

92 953 

93 954 

94 955 

95 956 

96 958 

97 959 

98 960 

99 963 

100 964 

101a 965 

101b 966 

101c 967 

102 968-9 

103 970-1 

104 ...r/15,c.l53 

105 972 

106 973 

107 974 

108 975 

109 976 

110 977 

111 978 

112-121 r.'15,c.56 

122 834 

123 840 

124 841 

125 842-3 

126 844 

127 845 

128 846 

129 847-8 

130 849 

131 850 

132 851 

133 853 

134 854 

135 857 



SESSION LAWS OF 1911 



Chap. Sec. Herein 

159 cont. 

136a 858 

136b « 859 

136c 860 

136d s.'13,c.67 

137 861 

137a-h 862 

138 863 

139 864 

140 865 

141 866 

142 987 

143 988 

144 989 

145 990 

146 991 

147 992 

148 993 

149 994-5 

150 996 

151 997 

152 1010 

153 .... 1011 

154 1012 

155 1013 

156 1014 

157 1015 

158 1016 

159 1017 

160 1018 

161 1019 

162 1020 

163 1021 

164 1022 

165 1023 

166 ...1024 

167 1025 

168 1026 

169 1027 

170 1028 

171 1029 

172 1030 

173 1031 

174 ...1032 

175 1033 

176 1034 

177 1035 

178 1036 

179 1037 

180 1038 

181 1039 

182 1040 

183 1041 

184 1042 

185 1044 

186 1046 

187 1047 

188 1048 

189 1049 

190a 1050 

190b 1051 

191 1052 

192 1053 

193 1054 

195 1055 

160 3696-7 

161 1-2 8352 



Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


162 




6784 


189 1 .. 


1796 


163 




242 


2 .. 


1797 


164 




4878 


3 .. 


1798 


165 


1 . 


4871 


4 .. 


1799 




2 . 


4874 


5 .. 


1800 


166 




1128 


6 .. 


1801 


167 


1 . 


..6576,7206 


7 .. 


1802 


168 


1 . 


2269 


8 .. 


1803 


169 


1 . 


1985 


9 .. 


1804 


170 


1 . 


7381 


10 .. 


1805 


170 


2 . 


7382 


11 .. 


1806 


171 




...r.'13,c.58 


12 .. 


1807 


172 


1 . 


3635 


13 .. 


..r.'13,c.42 


173 


1 . 


3706 


14 .. 


1808 






3708 


15 .. 


1809 


174 


1 . 


5554 


16 .. 


1810 




2 . 


5555 


17 .. 


1811 


175 




2009 


18 .. 


1812 


176 


t 


..r.'13,c.l79 


19 .. 


1813 


178 


1-8 r. 


'19,c.l07,122 


20 .. 


1814 




9-10 . 


...r.'13,c.92 


21 .. 


1815 


178 


11 . 


510 


22 .. 


1816 


179 




3524 


23 .. 


1817 


180 


945 


190 1 .. 


1705 


181 




4401 


2 .. 


1706 


182 


1 . 


3532-42 


3 .. 


1707 


183 




1557-67 


4 .. 


1708 


184 


1 . 


1755 


5 .. 


1709 




2 . 


1756 


6 .. 


1710 




3 . 


1757 


7 .. 


1711 




4 . 


1758 


8 .. 


1712 




5 . 


1759 


9 .. 


1713 




6 . 


1760 


10 .. 


1714 




7 . 


1761 


11 .. 


1715 




8 . 


1762 


12 .. 


1716 




9 . 


1763 


13 .. 


1717 




10 . 


1764 


14 .. 


1718 




11 . 


1765 


15 .. 


1719 




12 . 


1766 


16 .. 


1720 




13 . 


1767 


17 .. 


1721 




14 . 


1768 


18 .. 


1722 




15 . 


1769 


19 .. 


1723 




16 . 


1770 


20 .. 


1724 




17 . 


1771 


21 .. 


1725 




18 . 


1772 


22 .. 


1726 




19 . 


..1773 


23 .. 


1727 




20 . 


...1774 


24 .. 


1728 




21 . 


1775 


191 1 .. 


1625 




22 . 


1776 


2 .. 


...r.'19,c.8 




23 . 


1777 


3 .. 


1626 




24 . 


1778 


4 .. 


1627 




25 . 


1779 


5 .. 


1628 




26 . 


1780 


6 .. 


1629 




27 . 


1781 


7 .. 


1630 




28 . 


1782 


8 .. 


1631 


186 


1-2 . 


r/19,c.8 


9 .. 


1632 


186 


3 . 


2190-1 


10 .. 


1633 




4 . 


2191 


11 .. 


1634 




5 . 


2195 


12 .. 


1635 




6 . 


2196 


13 .. 


1636 




7 . 


2192 


14 .. 


1637 




8 . 


2193 


15 .. 


.1638 






2197 


16 .. 


1639 




9 . 


2194 


17 .. 


1640 


187 


1 . 


7752 


18 .. 


1641 


188 




4821 


19 .. 


1642 




2867 







PARALLEL REFERENCES 



Chap. Sec. Herein 
191 cont. 20 1643 

21 1644 

22 1645 

23 1646 

24 1649-53 

27 1647 

192 ...1995-2008 

193 . ..r.'19,c.l63 

194 1 7065 

2 7069 

3 7070 

4 7093 

195 1 2912 

196 1 1683 

2 1684 

3 1685 

4 1686 

5 1687-9 

6 1690-92 

7 1693 

8 1694 

9 1695 

10 1696 

11 1697 

12 1698 

197 3704 

198 1 1151 

199 5470 

200 1 9035 

2 9221-3 

201 3014 

202 9458, subd. 57 

203 4060 

204 1 7219 

205 1 8270 

2-3 8271 

4 8272 

5 8273 

6 8272 

7 8274 

8 8275 

9 8276 

10 8277 

206 6497 

207 1 3355-6 

3358 

2 3359 

3 3354 

4 3357 

208 1 s.'15,c.72 

2 2837 

3 2838 

4 2836 

209 1 3201 

2 3202 

3 3203 

4 3204 

5 3205-6 

6 3207 

7 3208 

8 3209 

9 .3210 

210 9458,' subd. 58 

211 r.'19,c.35 

212 1 1745 

2 1746 

3 1747 



Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


212 cont 


. 4 


1748 


225 cont. 23a . 


...5174-77 






1749 


23b . 


. .r.'13,c.l84 




6 


1750 


24 . 


5185-6 




7 


1751 


25 . 


5186 


214 




6703 


26 . 


5187-8 


215 


1 


, .2531 


27 
28 
29 . 


, .5189 


2 , 


, .25M2 


.5190 


3 ... 


2533 


5191-2 




4 .... 


2534 


30 . 


5193 




5 ... 


2535 


31 . 


5194-7 




6 ... 


2536 


226 


. . .unconst. 




7 ... 


2537 


227 


51-54 




8 . . . 


2538 


228 1 

2-8 . 


5121 


9 ... 


2539 


r.'19.c.8 




10 ... 


2540 


9 . 


4916-17 




11 ... 


2541 


10 . 


4918 




12 ... 


2542 


11 . 


r.'19,c.8 




13 ... 


3543 


12 . 


4919 




14 ... 


2544 


13 . 


4969-70 




15 ... 


2545 


14 . 


4971-5 




16 ... 


2546 


15 . 


4977-82 




17-8 ... 


2547 


16 . 


4939 


216 


1 ... 


9356 




4948 




2 ... 


9392 




4983-86 


217 


1 ... 


1919 


17 . 


5003 




2 ... 


1920 




5005 




3 ... 


1921 




5006 




4 ... 


1922 


18 . 


4995-99 




5 ... 


1924 


19 . 


4936-7 




6 ... 


1925 


20 . 


4938 




7 ... 


1926 


21 . 


4946 




8 ... 


1927 




4961 




9 ... 


1931 


22 . 


....4950-57 


218 
219 




36 


23 . 

24 . 


...r.'13,c.97 




3013 


4940 


221 




1308 


25 . 


4962-65 


222 


1 ... 


...4837-8 


26 . 


4967 




2 ... 


4839 


27 . 


4949 




3 ... 


4840 


28 . 


5001 




4 ... 


4841 


29 . 


5035 


223 


1 ... 


4814 


30 . 


5008 




2 ... 


4816 


31 . 


5009 




3 ... 


4817 


32 . 


5010 


224 




7036 


33 . 


4968 


225 


1 ... 


5136 


34 . 


5011 




2 ... 


5137 


35 . 


5029 




3 ... 


5138 


36 . 


5012 




4 ... 


5139 


37 . 


5013 




5 ... 


...5140-1 


38 . 


5026 




6 ... 


5142 


39-40 . 


...r.'13,c.97 




7 ... 


5143 


41 . 


5036 




8 ... 


5144 


42 . 


5037 




9 ... 


...5145-6 


43 . 


5038 




10 ... 


5147 


44 . 


5040 




11 ... 


5148 


45 . 


5042 




12 ... 


..5149-56 


46 . 


5043-7 




13 ... 


5157 




5122 




14 ... 


5158 




5032 




15 ... 


5159 


47 . 


4966 




16 ... 


..5160-62 


48 . 


4942-3 




17 ... 


5163 


49 . 


5048 




18 ... 


5164 


50 . 


4944 




19 ... 


5165 


51 . 


4947 




20 ... 


5166 


52 . 


4941 




21 ... 


5167 


53 . 


5002 




22 ... 


5168 


54 . 


4993 




23 ... 


..5169-73 


55 . 


4994 




2868 









SESSION LAWS OF 1911 



Chap. Sec. Herein 

228cont. 56 5033 

57 r.'13,c.97 

58 „ 4960 

59 5051 

60 5052 

61 4989 

62 4987 

63 4990 

64 4988 

65 4991 

66 4992 

67 5034 

68 5056-59 

5065 
5067 
5072 

69 5068 

70 5069 

5076 

71 5070 

72 5057 

73 5066 

74 5062 

75 5060 

76 5075 



Chap. Sec. Herein 

228cont. 77 5073 

78 5071 

79 5074 

80 5077 

81 5079 

82 5078 

83 5061 

84 5088-9 

5091 

85 5090 

86 5063-4 

87 .......5080-7 

88 5103 

89 5104 

90 .5105 

91 5106 

92 5107 

93 5108 

94 5109 

95 5110 

96 5111 

97 5112 

98 5113 

99 5114 

100 r.'13,c.97 



Chap. Sec. Herein 

228cont.l01 5115 

102 5116 

103 5117 

104 r.'13,c.97 

105 r.'13,c.97 

106 5118 

107 5119 

108 5120 

109 5092 

110 5093 

111 r. , 13,c.97 

112 5094 

113 .... 5095 

114 5096 

115 5097 

116 5098 

117 5099 

118 5100 

119 5101 

120 5102 

121 r.'13c.97 

122 r.'19,c.8 

229 6879 

230 1 5572 

2 5573 



2869 



PARALLEL REFERENCES 



SESSION LAWS OF 1912. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under "Herein." 

Abbreviations: c, chapter; obs., obsolete; C. L., Compiled Laws; p., page; r., re- 
pealed; ri., repealed by implication; subd., subdivision; s., superseded; unconst., un- 
constitutional 

Chap. 



Chap. 


Sec. 


Herein 


2 


2 9458, 


subd. 59 


3 


1 


2067 


3 


2 


.r.'19,c.8 


4 


1 


....1336 




2 


....1344 


5 


1 


..4971-5 




2 


, 5003 
5005-6 


6 


1 .... 


....4780 




2 


....4781 




3 .... 


4782 



P. 


Sec. 


Herein 




4 .. 


4783 




5 .. 


4784 




6 .. 


4785 




7 .. 


4786 




8 . . 


4702 

4787 




9 .. 


4788 




10 .. 


4789 




11 .. 


4790-2 


7 


1 .. 


1525 


8 


1-27 . 


.. r.'13,c.58 



%p. 


Sec. 


Herein 




28 .. 


3107 




29-32 . 


..r.'13,c.58 


9 


1 .. 


1320 




2 .. 


1337 


10 


1 .. 


3475 


11 


1 .. 


1341 


13 


1 , , 


875 

877-80 




2 .. 


908 


14 




. ..r.'19,c.35 



2870 



SESSION LAWS OF 1913 



SESSION LAWS OF 1913. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under "Herein." 



Abbreviations : 


c, chapter; obs., obsolete 


; C. L., Compiled Laws 


; p., 


page 


; r., re- 


pealed; 


ri., repealed by implication; 


subd., 


subdivision ; s 


»., superseded; 


unconst., un- 


constitutional 


















Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. 


Sec. 




iser em 


2 


1 


4713 


16 cont. 


28 . 


4547 


42 


3 




1674 


3 




.... 38 




29 . 


4548 








2067 






40 




30 . 


4549 




5 




.r.'19,c.8 


4 




.... 30 




31 . 


4550 




6 




144 






38 




32 . 


4541 




7 




144 


5 




. . . . 27 




33 . 


4530 








410 






42 




34 . 


4494 




8 




144 


6 




12 
13 




35 , 

36 . 


4518 

4519 








1674 
2067 






22 




37 . 


4523 


43 




9458 


, subd. 61 






42 




38 . 


4524 


44 




9458 


, subd. 62 






45 




39 . 


4539 


45 






.3929-37 






495 




40 . 


4525 


46 




....ri. 


7 


1-3 .... 








4555 


47 






5578 


7 


4-5 .... 


r.'19,c.35 




41 . 


4520 


48 






.unconst. 


8 




4109 






4522 


49 




9458 


, subd. 63 






4529 




42 . 


4551 




10 




r.'19,c.30 


9 


9458 


, subd. 60 


17 


1 . 


4542 




11 




r.'19,c.30 


10 




. . . 133-4 


18 


1 . 


2063-5 


50 


1 




.2956-58 


11 








2 . 


2066 








.2969-70 


12 




....1939 






2083 


51 


1 




6779 


13 


1 


..3976-8 




3 . 


2068 




2 




6780 


14 


1 


.... 847 




4 . 


2084 


52 


1 




.6449-51 


15 


1 


.... 141 




5 . 


2072 


53 






2181 






230 




6 . 


2082 


54 


1 




4865 




2 .... 


231 




7 . 


2075 




2 




4866 




3 .... 


..232-41 




8 . 


2077 




3 




4867 




4 .... 


242 




9 . 


2078 




4 




4868 


16 


1 


....4493 




10 . 


2079 




5-6 




4869 




2 


..4495-6 




11 . 


2080 


55 






3984 




3 .... 


..4497-8 




12 . 


3444 


56 






1191 




4 


4499 


19 


1 . 


3756 


57 






r. , 15,c.30 






4500 




2 . 


3757 


58 


1 




3096 




5 .... 


4500 


19 


3 . 


3758 




2 




3097 




6 .... 


....4501 


20 




3732 




3 




3098 






4540 


22 


1 . 


..6902 




4 




3099 




7 .... 


4503 


23 


1 . 


6688 




5 




3100 




8 .... 


4502 


24 


1 . 


512-14 




6 




....3101 




9 .... 


4529 
4504 


25 




628 
28 




7 
8 




3102 






3103 




10 .... 


4507 






32 




9 




3104 






4510 


26 




28 




10 




3105 




11 .... 


.4511-14 






39 




11 




3106 




12 


..4508-9 


27 


1 . 


...r.'15,c.ll 




12 




3107 




13 .... 


4515 


28 




7507 




13 




3108 




14 


4516 


30 




6537 




14 




3109 




15 .... 


4517 


31 




5080-7 




15 




3110 




16 .... 


..4526-7 


32 


1-2 . 


2238 




16 




....3111 




17 


4528 


33 




3519 




17 




3112 




18 .... 


..4531-2 


34 




1196 




18 




3113 




19 


..4533-4 


35 




7033 




19 




3114 




20 .... 


....4535 


36 




5577 




20 




3115 




21 


4536 


37 




5569 




21 




....3116 




22 .... 


....4537 


38 




...r.'13,c.61 




22 




....3117 




23 .... 


4552 


39 


1 . 


1630 




23 




3118 




24 .... 


....4538 




2 . 


1643 




24 




3119 




25 .... 


..4543-4 


40 


1 . 


4872 




25 




3120 




26 .... 


4545 




2 . 


4873 




26 




....3121 




27 .... 


4546 


41 




.8810 




27 




....3122 



2871 



PARALLEL REFERENCES 



Chap. Sec. Herein 
58cont. 28 3123 

29 3124 

30 3125 

31 3126 

32 3127 

33 3128 

34 3129 

35 3130 

36 3131 

37 3132 

38 3133 

39 3134 

40 3135 

41 3130 

42 3137 

43 3138 

44 3139 

45 3140 

46 3141 

47 3142 

48 3143 

49 3144 

50 3145 

51 3146-8 

52 3149 

53 3150 

54 8151 

55 3152 

56 3153 

57 3154 

58 3155 

59 3156 

60 3157 

61 3158 

62 3159 

63 3160 

64 3161 

65 3162 

66 3163 

67 3164 

68 3165 

69 3166 

70 3167 

71 3168 

72 3169 

73 3170 

74 3171 

75 3172 

76 3173 

77 3174 

78 3175 

79 3176 

80 3177 

81 3178 

82 3179 

83 3180 

84 3181 

85 3182 

86 3183 

87 3184 

88 3185 

89 3186 

90 3187 

91 3188 

92 3189 

93 3190 

94 3191 



Chap. Sec. Herein 
58cont. 95 3192 

96 3193 

97 3211 

98 3212 

99 3213-19 

100 3220 

101 3221 

102 3222 

103 3223 

104 3224 

105 3225 

106 3226 

107 3227-8 

108 3229 

109 3230 

110 3231 

111 3232 

112 3233 

113 3234 

114 3235 

115 3236 

116 3237 

117 ..3238 

118 3239 

119 3240 

120 3241 

121 r.'19,c.77 

122 3242 

123 3243 

124 3244 

125 3245 

126 3246 

127 3249 

128 3250 

129 3251 

130 3252 

132 3253 

133 3254 

134-45 . ..r.'17,c.l51 

146 3264 

147 3265 

148 3266 

149 s.'17,c.58 

150 3272 

151 3273 

152 3274 

153 3275 

154 3276-8 

155 3279 

156 3280 

157 3281 

158 3282 

159 3283 

160 3284 

161 3285 

162 3286 

163 3287 

164 3288 

165 3289 

166 3289 

167 3290 

168 3291-2 

169 3293 

170 3294 

171 3295 

172 3296 

173 3297 

2872 



Chap. Sec. Herein 
58cont. 174 3298 

175 3299 

176 3300 

177 3301 

178 3302-3 

179 3304 

180 3305 

181 3306 

182 3307 

183 3308 

184 3309 

185 3310 

186 3311 

187 3312 

188 3313 

189 .-. 3314 

190 3315 

191 3316 

192 3317 

193 3318 

194 3319 

195 3320 

196 3321 

197 3322 

198 3323-4 

199 3325 

200 3326 

201 3327 

202 3328 

203 3329 

204 3330 

205 3331 

206 3332 

207 .... 3333 

208 3334 

209 3335 

210 3336 

211 3337 

213 3338 

59 1 ,. 3659 

60 6920 

61 1 2368 

2 2369-96 

3 2397-99 

4 2400 

5 2401 

6 2402 

7 2403 

8a 2404 

8b 2405 

8c 2406 

9 2407 

10 2408-9 

11 2410 

12a 2411 

12b 2412 

12c 2413 

13a 2414 

13b 2415 

13c 2416 

14 2417 

15 2418 

16 2419-21 

2424-5 

17 2426 

18 2427 

19 2428 



SESSION LAWS OF 1913 



Chap. Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


61cont. 20 ... 


2429 


61 cont. 


64c 


2511 


74 cont. 


27 .... 


....3846 


21a ... 


2430 




64d 


2512 




28 .... 


...3847 


21b ... 


2431 




65 


2513 




29 


....3836 


22a .*.. 


2432 




66 .... 


2514 




30 .... 


....3837 


22b ... 


2433 




67a 


2515 




31 


....3838 


23a ... 


2434 




67b .... 


2516 




32 .... 


....3839 


23b ... 


2435 




68 


2517 




33 


3840 


24a ... 


2436 




69 .... 


2518 




34 


....3841 


24b ... 


2437 




70a 


2519 




35 


....3842 


25 ... 


2438 




70b 


2520 




36 


3843 


26a ... 


2443 




71 


2521 




37 .... 


....3810 


26b ... 


2445 




72a .... 


2522 




38 


3844 


26c ... 


2446 




72b .... 


2523 




39 .... 


3845 


26d ... 


2447 




72c 


2524 


75 


1 


1818 


27 ... 


2448 




73 


2525 




2 .... 


1819 


28 ... 


2449 




74 


2526 




3 


1820 


29 ... 


2450 




75 


2527 


76 


1 


....8315 


30a 


2451 




76 .... 


2528 


77 


1 


.... 790 


30b ... 


2452 




78 


2529 




2 


791 


31 ... 


2453 




79 .... 


....2530 




3 .... 


. ... 792 


32 ... 


2454 


62 


9458 


, subd. 64 




4 


793 


33 ... 


2455 


63 


1-2 


6682 




5 .... 


...794-5 


34 ... 


2456 


64 


1 


4114 




6 


.796-802 


35 ... 


2457 




2 


4117 




7 


803 


36 ... 


2458 


65 




r.'15,c.28 




8 


804 


37a ... 


2459 


67 


1 


. ... 838 


78 


9458, 


subd. 65 


37b ... 


2460 




2 


839 


79 


9458, 


subd. 66 


38 ... 


2461 


68 




.5616-19 


80 


9458, 


subd. 67 


39 ... 


2462 


69 


1 .... 


4717 


81 




4710 


40 ... 


2463 




2 


4726 


82 




r.'19,c.74 


41 ... 


2464 


70 


1 


9352 


83 




5575 


42 ... 


2465 


71 




....6918 


84 


1 


2561 


43a ... 


2466 


72 


1 


5525 




2 


2562 


43b ... 


2467 


73 


1 


3733 




3 


2563 


44a ... 


2468 




2 


3734 




4 


2564 


44b ... 


2469 




3 .... 


3735 




5 .... 


2565 


44c ... 


2470 




4 


3736 




6 .... 


2566 


45 ... 


2471 




5 


3737 




7 


2567 


46 ... 


.....2472 




6 


3738 




8 


2568 


47 ... 


2473 




7 


3739 




9 


.2570-71 


48 ... 


...2474-7 




8 .... 


3740 




10 .... 


2572 


49 ... 


2478 


74 


1 .... 


3787 




11 .... 


2574 


50 ... 


2479 




2 


3788 




12 .... 


2575 


51a ... 


2480 




3 


3789 




13 


....2576 


51b ... 


2481 




4 


3790 




14 


2577 


51c ... 


2482 




5 


....3791 




15 .... 


2578 


51d ... 


2483 




6 .... 


3792 




16 .... 


2579 


52a ... 


2484 




7 


....3793 




17 


2555 


52b ... 


2485 




8 


3794 




18 .... 


2556 


53 ... 


2486 




9 


3795 




19 .... 


2557 


54 ... 


2487 




10 .... 


3796 




20 .... 


2559 


55 ... 


2488 




11 


3797 




21 


2560 


56 ... 


..2489-93 




12 


3798 






2580 


57 ... 


..2494-97 




13 


3799 




22 


2581 


58 ... 


2498 




14 .... 


3800 




23 .... 


2558 


59a ... 


2499 




15 


....3801 




24 


3995 


59b ... 


2500 




16 


3802 


85 


1-15 r.'19, 


c.107,122 


60 ... 


2501 




17 .... 


3803 


85 


16 .... 


510 


61 ... 


2502 




18 .... 


3804 




17 r.19, 


c.107,122 


62 ... 


2503 




19 


3805 


86 


1 


2330 


63a ... 


2504 




20 .... 


3807 




2 


2331 


63b ... 


2505 




21 


3808 




3 


2332 


63c ... 


2506 




22 


3809 


87 




6672 


63d ... 


2507 




23 .... 


3806 


88 




..875-80 


63e ... 


2508 




24 


.3811-33 


89 




....1781 


64a ... 


2509 




25 .... 


3834 


90 




3982 


64b 


, ,2510 




26 .... 

2873 


, , 3835 


91 




2914 



PARALLEL REFERENCES 



Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


92 


1 


r.'17,c.44 


110 




1884 


124 cont 


7 


3754 


92 


2-11 


s.'17,c.44 


111 




.ri.'19,c.8 




8 


3755 




12 


598 


114 




494 


125 




3015 




13 


499 


115 


1 ... 


803 


126 




1365 




14 


500 




2 ... 


180 


127 




3700 




15 


506 




3 ... 


808 


128 




3562-3 




16 


508 




4 ... 


825-8 






3652 




17 


512 




5 ... 


833 


129 


1 


3482 




19 


597 




6 ... 


874 




2 


3483 




20 


626 




7 ... 




130 




..r.'19,c.8, 35 


93 




4109 




8 ... 


882 


131 




9458, subd. 69 


94 




2889-90 




9 ... 


...884-95 


132 


1 


1738 


95 




578 




10 ... 


898 




2 


1739 


96 




6666 




11 ... 


914 




3 


1740 


97 


1 


4921 




12 ... 


951-2 




4 


1741 




2 


r.'19,c.8 




13 ... 


953 




5 


1742 




3 


4971-5 




14 ... 


954 




6 


1744 




4 


4939 




15 ... 


968-9 




7 


1743 






4948 




16 ... 


....970-1 


135 




9458, subd. 70 






4983-6 




17 ... 


847-8 


136 




...ri.'19,c.l35 




5 


5003-7 




18 ... 




139 




9458, subd. 71 




6 


4995-9 




19 ... 


1012 


140 


1 


1622 




7 


4936-7 




20a ... 


1043 






1655 




8 


4946 




20b ... 


1044 






1658-61 






4961 




20c ... 


1045 




2 


1662 




9 


4950-8 

4945 


116 


21 


1047 

4335 






1664 
1666 




10 


4921-35 


117 


1 ... 


5305 






1668 




11 


4962-5 




2 ... 


5306 


141 


1 


133-4 




12 


4967 




3 ... 


5307 


142 


1 


834-7 




13 


4949 




4 ... 


5308 


143 


1 


3415 




14 


5001 




5 ... 


5309 




2 


3416-36 




15 


5008 




6 ... 


5310 






3443 




16 


5009 




7 ... 


5311 




3 


3509 




17 


4968 




8 ... 


5312 


144 


1 


5574 




18 
19 


5013 

5026 




9 , 


5313 


145 
146 


1 


.1315 




10 ... 


5314 


1504 




20 


5023-5 




11 ... 


5315 




2 


1520 




21 


5027 




12 ... 


5316 


147 




..4109-4109d 




22 


5037 




13 ... 


5317 


148 


1 


936-7 




23 


. , 5038-9 




14 ... 


...5318-9 




2 


939 




24 


5040 




15 ... 


5320 




3 


852 




25 


5048 




16 ... 


5321 


149 


1 


2073 




26 


4993 




17 ... 


5322 




2 


2074 




27 


4994 




18 ... 


5323 


150 




8363 




28 


4987 




19 ... 


5324 


151 


1 


1570 




29 


5103 


119 




....825-8 




2 


1571 




30 


5104 


120 


1 ... 


3040 


152 




1536 




31 


5113 




2 ... 


3041 


153 




1341 




32 


5117 




3 ... 


3042 


154 




1532 




33 


5118 




4 ... 


3043 


155 




1340 




34 


5119 




5 ... 


3044 


156 




864 


99 




r.'15,c.ll 




6 ... 


3046 


157 




3479 


100 




573 




7 ... 


3047 


158 




850 


102 


1-2 


6972-3 




8 ... 


3039 


159 




847 


103 




4029 




9 ... 


3049 


160 




922 


104 




9458, subd. 68 




10 ... 


3048 


161 




905-6 


105 




4666 


121 


1 ... 


872 


162 




3476 


106 


1 


4032 




2 ... 


873 


164 




9458, subd. 72 




2 


4033 


122 




. .r.'19,c.8 


165 




2324-5 




3 


4034-5 


123 




8299 


166 


1 


5123 




4 


4036 


124 


1 ... 


3748 




2 


5124 




5 


4037 




2 ... 


3749 




3 


5125 




6 


4039 




3 ... 


3750 




4 


5126 


107 




r.'15,c.34 




4 ... 


3751 




5 


5127 


108 


1 


7423 




5 ... 


3752 




6 


5128 


109 




6805 




6 . , . 

2874 


. , , 3753 




7 


5129 



SESSION LAWS OF 1913 



Chap. Sec. Herein 

166cont. 8 5130 

9 5131 

10 , 5132 

11 5133 

12 5134 

13 5135 

167 1 4153-4 

168 1 806 

2 957 

169 4368 

4404 

170 4389 

171 1920 

172 1 5224 

2 5225-6 

3 5228 

4 5242 

5 5252 

6 5260 

8 5298 

9 ri.'19,c.8 

10 5248 

173 1 1752 

2 1753-4 

174 1 1898 

1900 
1906-7 

175 1 1985 

176 1 9458, subd. 73 

177 1-2 8357 

179 1-5 r.'19,c.8 

6 1572 

7 1574 

8 1577 

9 1580 

10 1581 

11 1583 

12 1588 

13 1589 

14 1590 

15 1598 

16 1599 

17 1600 

18 1601 

19 1602 



Chap. Sec. Herein 

179cont. 20 1603 

21 1604 

22 1609 

23 1610 

24 1611 

25 1612 

26 1613 

27 1614 

28 1616 

29 1617 

30 1618 

31 ...: 1619 

32 1620 

33 1621 

180 1 2096 

2 2091 

3 2092 

4 2093 

5 2094 

6 2095 

7 2097 

8 2098 

9 2099 

10 2100 

11 r.'19,c.8 

12 2101 

13 2102 

14 3445 

15 r.'19,c.8 

16 r.'19,c.8 

181 8/15,0.69 

182 9458, subd. 74 

183 9458, subd. 75 

184 1 5174-7 

3 5178-84 

185 1 r.'19,c.8 

2 r.'19,c.8 

3 4919 

4 4920 

5 5020 

6 5021-2 

7 5050 

8 5030 

9 4976 



Chap. Sec. Herein 
185cont. 10 5031 

11 5028 

12 5049 

13 5053 

14 5054 

15 5055 

16 5000 

17 4959 

187 1-2 5235 

3 5236 

4 5237 

5 5238 

188 51-54 

189 1 2019 

2 ...• 2020 

3 2021 

4 2022 

5 2023 

6 2024 

7 2025 

8 2026 

9 2027 

10 2028 

11 2029 

12 2030 

190 1 r.'19,c.8 

2 r.'19,c.8 

3 2213 

4 2209 

5 2208 

6 2211 

7 2212 

8 ri.'19,c.8 

9 2214 

10 2215 

11 r.'19.c.8 

12 2210 

13 2216 

15 2217 

191 1 5230 

2 5231-2 

3 5233 

4 5234 

192 9458, subd. 76 
194 3696-8 



2875 



PARALLEL REFERENCES 

SESSION LAWS OF 1915. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under ''Herein." 

Abbreviations: c, chapter; obs., obsolete; C. L., Compiled Laws; p., page; r., re- 
pealed; ri., repealed by implication; subd., subdivision; s., superseded; unconst., un- 
constitutional 



ap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


4 




11 


16 cont. 


13 


6077 


31 cont. 4 


6122 






34 




14 .... 


6078 


5 


6123 


6 


1 .. 


4037 




15 .... 


6079 


6 


6124 


7 




15 




16 .... 


6080 


7 


6125 






17 




17 


6081 


8 


6126 


8 




39 




18 


6082 


9 


6127 




• 


47 




19 


6083 


10 


6128 


9 


1 .. 


2822 




20 .... 


6084 


11 


6129 






2829 




21 


6085 


12 


6130 




2 .. 


2821 




22 


6086 


13 


6131 






2829 




23 .... 


6087 


14 


6132 




3 .. 


2830 




24 


6088 


15 


6133 




4 .. 


2831 




25 .... 


6089 


16 


6134 




5 .. 


2832 




26 


6090 


17 






6 .. 


2824 




27 .... 


6091 


18 


6136 




7 .. 


2833 




28 


6092 


19 


6137 




8 .. 


2834 




29 .... 


6093 


20 


6138 


10 


1 .. 


416 




30 .... 


6094 


21 


6139 




2 .. 


417 




31 .... 


6095 


22 


6140 


11 


1 . . 


..s.'15,c.28 




32 


6096 


23 


6141 




2 .. 


2606 




33 


6097 


24 


6142 




3 .. 


2607 




34 


6098 


25 


6143 




4 .. 


2608 




35 


....6099 


26 


6144 




5 .. 


2609 




36 .... 


....6100 


27 


6145 




6 .. 


2610 




37 


6101 


28 


6146 




7 .. 


2611 




38 .... 


6102 


29 


6147 




8 .. 


...2612-13 




39 .... 


....6103 


30 


6148 




9 .. 


2614 




40 


6104 


31 


. 6149 




10 .. 


2615 




41 .... 


6105 


32 


6150 




11 .. 


2616 




42 


....6106 


33 


6151 




12 .. 


2617 




43 .... 


6107 


34 


6152 




13 .. 


...2618-19 




44 


6108 


35 


6153 




14 .. 


2620 




45 


....6109 


36 


6154 




15 .. 


2621 




46 


6110 


37 


6155 




16 .. 


2622 




47 


6111 


38 


6156 




17 .. 


2623 




48 


6112 


39 


61.V7 




18 .. 


2624 




49 .... 


6113 


40 


615S 




19 .. 


2625 




50 .... 


....6114 


41 


6159 




20 .. 


2626 




51 


....6115 


42 


6160 




21 .. 


2627 




52 .... 


....6116 


43 


6161 




22 .. 


2628 




53 .... 


....6117 


44 


6162 




23 .. 


2629 




54 .... 




45 


6163 




25 .. 


2630 




56 .... 


6118 


46 


6164 


12 


1 .. 


1485 


17 




....7811 


47 


6165 


13 


1 .. 


4794 


18 


1 


3189 


48 


6166 


14 




2914 


19 


9458 


, subd. 77 


49 


6167 


15 






20 


1 


.3759-60 


50 


6168 


16 


1 .. 


6065 


21 




r.'19,c.35 


51 


6169 




2 .. 


6066 


22 




3437 


52 


6170 




3 .. 


6067 


23 




8487 


53 


6171 




4 .. 


6068 


24 


1 .... 


6920 


54 


6172 




5 .. 


6069 


25 


1 


....7121 


55 


6173 




6 .. 


6070 


27 




.unconst. 


56 


6174 




7 .. 


6071 


28 


1 


2604 


57 


6175 




8 .. 


6072 




2 




58 


6176 




9 .. 


6073 


29 


3 .... 


1110 


59 . 






10 .. 


6074 


31 


1 


6119 


61 


6177 




11 .. 


6075 




2 


6120 


32 


.9458subd.78 




12 .. 


6076 




3 .... 


....6121 


33 


. . . s.'17,c.56 



2876 



SESSION LAWS OF 1915 



Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


34 


1 


5582 


61 cont. 


4 .. 


2187 


81 cont. 


5 


5255 




2 


5594 




5 .. 


2188 




6 


5256 




4 


.". 5606 




6 .. 


2189 




7 


5257 




8 


5607 


62 


1 .. 


...2369-96 




8 


5258 




9 


5608 




2 .. 


2474-7 




9 


5265 




10 


5609 


64 


1-4 .. 


...r.'19,c.8 




10 


5267-70 




11 


5610 




5 .. 


......1572 




11 


5275 




12 


5611 




6 .. 


1573 




12 


5217 




13 


5612 




7 .. 


1574 




13 


5281 




14 


5613 




8 .. 


1575-6 




14 


5300 




15 


5614 




9 .. 


1577 


82 


1 


4110 




16 


5616-19 


v 


10 .. 


1578-9 




2 


4111 




17 


5606 




11 .. 


1581 




3 


4112 




18 


7036 




12 .. 


1582 




4 


4113 


35 




1581 




13 .. 


1583 


83 




......8278-9 


36 




9458 subd.78a 




14 .. 


1590 


84 




1358 


37 


1 


1158 




15 .. 


1591-6 


85 




9357 




2 


1159 




16 .. 


1599 


86 




4343-5 




3 


1160 




17 .. 


.1602,3099 


87 




4336-8 


38 


1 


...4369,4371 




18 .. 


1603 


88 




...4389,4484 




2 


4372-4 




19 .. 


1604 


89 




4316-21 


39 


1-4 


r.'19,c.75 




20 .. 


....1605-8 


90 




2781 


41 


1 


6563 




21 .. 


1615 


91 




4332-4 




2 


6564 




22 .. 


1621 


92 




908 


42 


1 


4503 


65 


1 .. 


7667 


93 




875-80 




2 


4506 


67 


1 .. 


3985 


94 


1 


5577-8 




3 


4538 




2 .. 


3986-7 




2 


5579 


43 


1 


6420 




3 .. 


3988 


95 


1 


2422 




2 


6422-4 




4 .. 


3989 




2 


2423 




3 


6426 




5 .. 


3990-1 


96 




s.'17,c.56 




4 


6433 




6 .. 


3992 


97 


1 


3939 




5 


6956 


68 


1 .. 


8810 




2 


3940-72 




6 


7042-51 


69 


1 .. 


3234 






3999-4020 


44 




4109 




2 .. 


3241 






4023-28 


45 


1 


208 


70 


1 .. 


7380 






4043 




2 


209 


71 


1-9 .. 


...r.'19c.8 






4063 




3 


211 


72 


1 .. 


2835 


98 


1 


6458 




4 


213 




2 .. 


2837 




2 


6458 




6 


218 




3 .. 


2838 






(see also 


46 


1 


5494 




4 .. 


2836 






6492, 6557) 






5499 


73 


1 .. 


1878 


99 


1 


177 






5500 




2 .. 


1879 


100 


1 


1738 


47 




4325 




3 .. 


1880 


101 


1 


2448 


48 




4330-1 




4 .. 


1881 


102 


1 


2886-7 


49 




4323 




5 .. 


1882 


103 


1 


7616 


50 


1 


4348 




6 .. 


.r.'19,c.l86 




2 


7617 




2 


4349 




7 .. 


1885 




3 


7618 


51 


1 


3152 




8 .. 


1886 




4 


7622 




2 


3160 


74 


1 .. 


9365 




5 


7623 


52 




1336 


75 


1 .. 


4666 




6 


7625 


53 




1495 




2 .. 


4667 


104 


1 


...9034,9041 


54 


1 


998 


76 


1 .. 


2360 






9044-7 




2 


999 




2 .. 


2361 




2 


9043 




3 


1000 




3 .. 


2362 




3 


9042 




4 


1001 




4 .. 


2363 


105 


1 


...2391.2529 


55 


2 


1389 




5 .. 


2364 


106 


1 


.3929,3931-8 


57 




1047 




6 .. 


2365 


107 




.9458subd.79 


58 


1 


867 




7 .. 


2366 


108 


1 


849 




2 


S68 




8 .. 


2367 


111 


1 


5595 




3 


869 


77 




3439 




2 


5596 




4 


870 


78 




3099 




3 


5597 




5 


871 

2992-5 


79 
80 


1 .. 


7373 

7152 




4 
5 


, .5598 


59 


5599 


60 


1 


6525 

2184 


81 


1 . . 


5205 




6 

7 


5600 


61 


2 .. 


5207 


5601 




2 


2185 




3 .. 


5214 




8 


5602 




3 


2186 




4 . 
2877 


5243 


113 


1 


2419 



PARALLEL REFERENCES 



Chap. Sec. Herein 
113 conk 2 2420 

3 2421 

4 2424-5 

114 176 

115 2408-9 

116 3559 

118 8486 

119 1-2 8297 

120 1 4681 

2 6642 

3 6643 

121 2889-90 

122 1 855 

2 856 

3 866 

123 1 2596 

2 2597 

3 2598 

4 2599 

5 2600 

124 4772-9 

125 917 

126 51-4 

128 . ...r.'17,c.l5 

129 8480 

130 9436 

131 7979 

132 42,45 

133 5570 

134 1 1948-9 

135 1 ....3733 

2 3736 

3 3738 

4 3741 

137 4361 

139 1529 

140 2737 

141 1 9431 

142 1 4375 

2 4376 

3 4377 



Chap. 


Sec. 


Herein 


142 cont 


4 


4378 




5 


4379 




6 


4380 




7 


4381 




8 


4382 




9 


4383 


143 


1 


4471 

4477-8 

4481 

4485-6 




2 


4326-9 

4480 




3 


...4350,4479 




4 


...4346,4454 

4468-9 

4475, 4477 

4482 




5 


...4359,4473 




6 


...4360,4474 




7 


...4367,4475 




8 


...4387,4482 




9 


...4388,4483 




10 


...4403,4470 


144 


1 


1192 




2 


1193 




3 


1194 




4 


1195 


145 


1 


5001 




2 


5009 




3 


5013 


146 




9077 


147 




9007 


148 




9013 


149 




9040 


150 


1 


9068 




2 


9070 


152 


1 


2592 


153 


2 


947 




3 


948-50 




4 


951-2 




5 


954 



Chap. Sec. Herein 

153 cont. 6 806,957 

7 958 

8 960-2 

9 963 

10 964 

11 968-9 

12 970-1 

14 972 

15 973 

154 1 7971 

155 1 2839 

2 2840 

3 2841 

164 1 485 

2 486 

3 487 

165 14,20,29 

167 2907' 

168 2 304-5 

3 306 

4 307 

5 308 

6 309-17 

7 318 

8 319-23 

9 324 

10 325-7 

169 1 2297 

2 2298 

3 2299 

4 2300 

5 2301 

6 2302 

7 2303 

8 2304 

9 2305 

10 2306 

11 2307 

170 1 4364 

171 1 5037 

2 5040 



2878 



SESSION LAWS OF 1917 

SESSION LAWS OF 1917. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under "Herein." 

Abbreviations: c, chapter; obs., obsolete; C. L., Compiled Laws; p., page; r., re- 
pealed; ri., repealed by implication; subd., subdivision; s., superseded; unconst., un- 
constitutional 



Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


4 


1 


495 


23 cont. 


5 


2055 


M 


1 .. 


561 




4 


6456 




6 


2056 




2 .. 


562 






645S 


24 


1 


2031-7 




3 .. 


563 


7 


1 


1264 


26 


1-2 


8378 




4 .. 


564 


8 


1 


1316 


27 


1 


463 




5 .. 


565 




2 


1317 


28 


1 


...3983 




6 .. 


566 


9 


1 


5594 


29 


1 


2822 




7 .. 


567 


10 


1 


5236 






2842 




8 .. 


568 


11 




20 




2 


2821 




9 .. 


569 






44 






2842 


45 


1-5 .. 


2644-8 


12 


1 


994-5 




3 


2843 


46 


1 .. 


3050 




2 


1018 




4 


2844-5 




2 .. 


3051 


13 


1 






5 


2824 


47 








2 


1001 




6 


2846 


48 


1 .. 


1568 


14 


1 


3034 




7 


2660 


49 


1 .. 


3862 




2 


3035 




8 


2847 




2 .. 


3864 




3 


3036 


30 


1 


1482 


50 


1 .. 


...r.'19,c.8 




4 




31 


1 


4441 


51 


1 .. 


...r.'19.c.8 


15 


1 


..4556 




2 


4347 




2 .. 


5206 




2 


4557-8 






4442 




3 .. 


5240 




3 


4559 


32 


1 


...2799-2800 




4 .. 


5249 




4 


4558 




2 


2798 




5 .. 


5251 






4560-1 




3 


2801 




6 .. 


5252 




5 


4561 


33 


1 


979-80 




7 .. 


5258 




6 


4562 




2 


981 




8 .. 


...r.'19,c.8 






4574 




3 


982 




9 .. 


5259 




7 


4562 




4 


983 


52 


1 .. 


1591 






4564 




5 


984 




2 .. 


1592 




8 




34 


1 


5228 




3 .. 


1595 






4571 


35 


1 


1584 




4 .. 


1597 




9 


4565 




2 


1585 




5 .. 


1599 




10 


4566 




3 


1586 




6 .. 


1604 




11 






4 


1587 




7 .. 


1610 




12 


4508-9 


36 


1 


3254 


53 


1 .. 


...5616-18 




13 


<1560 




2-4 


r.'17,c.82 




2 .. 


5619 




14 


4572 




5 


3702-3 






5623 




15 


4573 


37 


1 


r.'19,c.65 




3 .. 


...5620-22 




16 


4576-7 




2 


r.'19,c.65 


54 


1 .. 


2822 




17 


4578 






2814 






2854 




18 


4579 


38 


1 


2822 




2 .. 


2821 




19 








2848 






2854 




20 


4581 




2 


2821 




3 .. 


2855 




21 


4582 






2848 




4 .. 


2856 




22 


4575 




3 


2849 




5 .. 


2857 




23 


4570 




4 


2850 




6 .. 


2824 


16 


1 


4109 




5 


2660 




7 .. 


2858 


17 


1 


397; 






2851 




8 .. 


2859 


18 


1 


190 




6 


2824 


55 


1 .. 


3264-5 


19 


1 


1C47 




7 


2852 


55 


1 .. 


.3266-3312 


20 


1 


495 




8 


2853 




2 .. 


...3313-22 




4 


6456 


39 


1 


4124 




3 .. 


...3323-30 






6458 




2 


4155 




4 .. 


3338 


21 


1 


65 




3 


4157 


56 


1 .. 


2658 




6 




40 


1-7 


4447-53 






2662 


22 


1 


...3999-4028 


41 


1-2 


3993-4 




2 .. 


...r.'19,c.8 


23 


1 
2 


2051 

2032 


42 


1 


6449 

6450-1 






2664 
2764 




3 


2053 


43 


1 


1273 






2793-5 




4 


2054 




3-4 


1274-5 




3 .. 


2699 



2879 



PAKALLEL REFERENCES 



Chap. 


Sec. 


Herein 


56 cont 




r.'19,c.65 

2701 

2704 

2796-7 




i 


2730 

2732-8 
2740-4 




5 


2726 

2756-62 
2765-7 




6 


, , 2668-71 

2673-4 

2686-90 

r.'19,c.65 

2697 

2771-2 

2774 

2777 

2782 




7 


2699 

r.'19,c.65 

2703-5 

2708-21 

2723 

2776 




8 


. . , r, '19,0.65 
2724 




9 


2725 

2727-8 
2807-11 




10 


2706-7 

2731 

2750 

2779-80 

2802 

r.'19,c.65 




11 


2665 




12 


, , . ,r '19,c.65 

2781 




13 


2819 


57 


1 


908 


58 


1 


922 




2 


923-6 




3 


927-9 




4 


931-5 




5 


936-8 




6 


939 




7 


940 


59 


1 


847 




2 


847 




2b 


848 


61 


1 


1491 




2 


1495-6 




3 


1497 




4 


1498 


64 




9458, subd. 80 


66 


1-7 


r.'19,c.8 




8 


279 




9-10 


r.'19,c.8 


77 




9458, subd. 81 


78 




9458, subd. 82 


79 


1 


4299 




2 


...4299-4300 




3-14 


4301-12 



Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


80 


1 ... 


..2976-78 


81 cont. 63 . 


6276 




2 ... 


2979 


64 .. 


6277 




3 ... 


2980 


65 .. 


6278 




4 ... 


2981 


66 .. 


6279 




5 ... 


2982 


67 . 


6280 


81 


1 ... 


...6213-4 


68 . 


6281 




2 ... 


6215 


69 . 


6282 




3 ... 


6216 


70 . 


6283 




4 ... 


6217 


71 .. 


6284 




5 


6218 


75 . 


6288 




6 ... 


6219 


76 . 


r.'19,c.8 




7 ... 


6220 


77 . 


6289 




8 ... 


6221 


78 . 


6290 




9 ... 


6222 


79 . 


6291 




10 ... 


6223 


80 . 


6292 




U ... 


6224 


81 . 


6293 




12 ... 


. .6225 


82 , 

83 . 

84 . 


6294 




13 ... 


6226 


6295 




14 ... 


6227 


6296 




15 ... 


6228 


85 . 


r.'19,c.8 




16 ... 


6229 


86 . 


6297 




17 ... 


6230 


87 . 


.......6298 




18 ... 


6231 


88 . 


6299 




19 ... 


6232 


89 . 


6300 




20 ... 


6233 


90 . 


6301 




21 ... 


6234 


91 . 


6302 




22 ... 


6235 


92 . 


6303 




23 ... 


6236 


93 . 


6304 




24 ... 


6237 


94 . 


6305 




25 ... 


6238 


95 . 


6306 




26 ... 


6239 


96 . 


6307 




27 ... 


6240 


97 . 


6308 




28 ... 


6241 


98 . 


6309 




29 ... 


6242 


99 . 


......6310 




30 ... 


6243 


100 . 


6311 




31 ... 


6244 


101 .. 


6312 




32 ... 


6245 


102 . 


..6313 




33 ... 


6246 


103 .. 


6314 




34 ... 


6247 


104 .. 


...ri. , 19,c.8 




35 ... 


6248 


105 . 


6315 




36 ... 


6249 


106 .. 


...ri/19,c.8 




37 ... 


6250 


107 .. 


6316 




38 ... 


6251 


108 .. 


6317 




39 ... 


6252 


109 .. 


6318 




40 ... 


6253 


110 .. 


6319 




41 ... 


6254 


HOa-k .. 


...6320-30 




42 ... 


6255 


Ill .. 


6331 




43 ... 


6256 


112 .. 


6332 




44 ... 


6257 


113 .. 


6333 




45 ... 


6258 


114 .. 


6334 




46 ... 


6259 


115 .. 


6335 




47 ... 


6260 


116 .. 


6336 




48 ... 


6251 


118 .. 


6337 




49 ... 


6262 


119 .. 


6338 




50 ... 


6263 


120 .. 


6339 




51 


6264 


82 


3254 




52 ... 


6265 




3255 




53 ... 


6266 


83 1 .. 


...4487-92 




54 ... 


6267 


2 .. 


4472 




55 ... 


6268 


3 .. 


4476 




56 ... 


6269 


4 .. 


4466 




57 ... 


6270 


5 .. 


4467 




58 ... 


6271 


84 


1021 




59 ... 


6272 


85 


3696-8 




60 ... 


6273 


86 1 .. 


5516 




61 ... 


6274 


2 .. 


5517 




62 ... 


6275 


3 .. 


5518 




2880 









SESSION LAWS OF 1917 



Chap. 


Sec. 


Herein 


Chap. 


86 cont. 


4 


5519 


112 cont 


87 




9458, subd. 83 




88 




f 1321 




89 


1 


3742 






2 


3743 


113 




3 


3744 


114 




4 


3745 






5 


3746 






6 


3747 


115 


90 




4330-1 


116 


91 


1 


1390 






2 


1391 


* 




3 


1392 




92 


1 


3470 






2 


3471 






3 


3472 






4 


3473 






5 


3474 






6 


3996 






7 


3997 






8 


3998 




93 


1 


573 






2 


574 


117 




3 


577 






4 


592 




94 




9458, subd. 84 


118 


95 


1 


1334 






2 


1335 


119 


96 




9458, subd. 85 




97 




13 


120 






19 


121 


98 




12-13 

18 
32 




99 




14 

31 
49 


122 


100 


1 


2914-15 


123 


101 


1 


1939 


124 




2 


1940 






3 


1941 






4 


1942 






5 


1943 






6 


1944 






7 


1945 






8 


1946 




102 


1 


r.'19.c.22 






2-3 


. ...ri.'19,c.22 




103 




1720 




104 




3002 

3004 








3006 


125 


105 




5080-7 


126 


106 


1 


9218 






2 


805 

9219 




107 


1 


1985 




108 




5136 


127 


109 


1 


3227-8 


128 




2-3 


3239 


129 




3 


3338 


130 


110 




6899 


131 


111 




1658 


132 


112 


1 


2086 






2 


2087 






3 


2088 






4 


2089 





Sec. Herein 

. 5 2090 

3099 

6 2088 

3100 
7579 

1 1376 

2 1377 

3 1378 

1-5 r.'19,c.37 

1-9 r.'19,c.8 

10 2222 

11 2223 

12 2224 

13 2225 

14 2226 

15 2227 

16 2228 

17 2229 

18 2230 

19 ,.2231 

20 2232 

21 2233 

1 2042-3 

2 2044 

3 2045 

1 2049 

2 2050 

1 2046-7 

2 2048 

1 809-14 

1 66 

2 67 

3 68 

4 69 

1 8488 

2 8489 

3 8490 

1 5041 

1 1783 

2 1784 

3 1786 

4 1785 

5 1787 

6 1788 

7 1789 

8 1790 

9 1791 

10 1792 

11 1793 

12 1794 

14 1795 

1 4639 

1 r.'19,c.8 

2 2218 

3 2219 

4 2220 

5 2221 

obs. 

1 2369-96 

1 803 

1-2 2992-5 

842-3 

1 3493-4 

2 3492-3 

3 3495-6 

4 3497 

5 3498 

2881 



Chap. 


Sec. 


Herein 


132 cont. 


...3499-3.500 




7 


3501 


133 




2464 


134 




9458, subd. 86 


135 




3440 


136 




8579 


137 




8605 


140 


1 


5014 




2 


5015-17 




3 


5018-19 


141 




r.'19,c.8 

2063-5 


142 


1 


609 




2 


610 




3 


611 




4 


612 




5 


613 




6 


614 




7 


615 




8 


616 




9 


617 




10 


618 




11 


619 




12 


620 




13 


621 




14 


622 


143 




9458, subd. 87 


144 


1 


3973 


145 


1 


8580 




2 


8581 




3 


8582 




4 


8583 


146 




8407 


147 




1504 


148 


1 


r.'19,c.34 




2-3 


..r.'19,c.8,34 




4-5 


r.'19,c.34 




6 


. .r.'19,c.8, 34 




7-14 


r.'19,c.34 


149 




3437 


150 




2838 


151 


1 


r.'19,c.77 




2 


3249 




3 


3250 




4 


3253 




6 


3256-7 

r.'19,c.77 
3258-60 




7 


3338 




8 


3261 




9 


3262 




10 


3263 


152 




4401 


154 


1 


2057 




2 


2058 


155 




4899 


156 




3420 


157 




3441 


159 


1 


3052 




2 


3053 




3 


...r.'19,c.l71 




4 


3054 




5 


3055 




6 


3056 




7 


3057 




8 


3058 




9 


3059 




10 


3060 



PARALLEL REFERENCES 



Chap. 


Sec. Herein 


Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


160 


9458, subd. 88 


165 


1 .. 


51-54 


169cont. 3 .. 


4105 


161 


1 2380 


166 




5582 


4 .. 


4106 




2 2439-42 


167 


1 .. 


...4428-35 


5 ... 




162 


9458, subd. 89 


168 




2422 


6 .. 


4108 


163 


2649 


169 


1 .. 


4101 


170 1 .. 


...3213-19 


164 


4402 




2 .. 


4102-4 







2882 



SESSION LAWS OF 1919 

SESSION LAWS OF 1919. 

Note: Chapters and sections not appearing in this table have been omitted because 
temporary. Amended sections are included under "Herein." 

Abbreviations: c, chapter; obs., obsolete; C. L., Compiled Laws; p., page; r., re- 
pealed; ri., repealed by implication; subd., subdivision; s., superseded; unconst., un- 
constitutional. 



Chap. Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


3 2, 5 .. 


23 


11 cont. 


2 ... 


2351 


34 cont. 3 ... 


2157 


4 2,4 ... 


33 




3 ... 


8442 


4 ... 


2158 


5 2, 5 ... 


21 


12 


1 .. 


1509 


5 .. 


2159 


6 1 ... 


4109 


13 


1 .. 


4109e 


6 .. 


2160 


7 1 ... 


3732 


14 


1 .. 


3297 


7 .. 


2161 


8 1 ... 


250 


15 


1 .. 


4346 


8 .. 


2162 


2 .. 


251 


16 


1 .. 


4389 


9 .. 


2163 


3 ... 


252 


17 


1 ... 


3302 


10 .. 


2164 


4 ... 


253 


18 


1 .. 


2051 


11 .. 


2165 


5 .. 


254 


19 


1 .. 


6417 


12 .. 


2166 


6 .. 


255 




2 .. 


6418 


13 .. 


2167 


7 .. 


256 




3 .. 


6419 


14 .. 


2168 


8 .. 


257 


20 


1 .. 


...4552-4 


15 .. 


2169 


9 .. 


258 


21 


1 ... 


518 


17 .. 


2170 


10 .. 


...259-60 




2 .. 


543 


18 .. 


2171 


11 .. 


261 


22 


1 .. 


3484 


35 1 .. 


1840 


12 .. 


262 




2 .. 


3485 


2 .. 


1841 


13 .. 


263 




3 .. 


3486 


2a .. 


1842 


14 .. 


264 




4 .. 


3487 


3 .. 


1843 


15 .. 


265 




5 .. 


3488 


4 .. 


1844 


16 .. 


266 




6 ... 


3489 


5 .. 


1845 


17 .. 


267 




7 .. 


3490 


6 .. 


1846 


18 ... 


268 




10 .. 


3491 


7 .. 


1847 


19 .. 


269 


23 


1 .. 


3705 


8 .. 


1848 


20 .. 


270 


24 


1 .. 


3075 


9 .. 


1849 


21 .. 


271 




2 .. 


3077 


10 .. 


1850 


22 .. 


272 




3 .. 


3076 


11 .. 


1851 


23 ... 


273 




4 .. 


3078 


12 .. 


......1852 


24 ... 


274 




5 .. 


3079 


13 .. 


1853 


25 .. 


275 




6 .. 


3080 


14 .. 


1854 


26 .. 


276 




7 .. 


3081 


15 .. 


1857 


28 ... 


284 




8 .. 


3084 


16 .. 


1858 


29 ... 


285 




9 .. 


3085 


17 .. 


1859 


30 ... 


331 




10 .. 


3082 


18 .. 


1860 


31 ... 


332 




11 .. 


3083 


19 .. 


1861 


32 ... 


....333-6 


25 


1 .. 


2860 


20 .. 


1862 


33 ... 


340 




2 .. 


2861 


21 .. 


1863 


34 ... 


341 




3 .. 


2862 


22 .. 


1864 


35 ... 


342 




4 .. 


2863 


23 .. 


1865 


36 .. 


345 




5 .. 


2864 


24 .. 


1866 


37 .. 


350 




6 .. 


2865 


25 .. 


1867 


38 ... 


351 


27 


1 .. 


6907 


26 .. 


1868 


39 ... 


447 


30 


1 .. 


1290 


27 .. 


1869 


40 ... 


279 




2 .. 


1291 


28 .. 


1870 


41 ... 


2886 




3 .. 


1292 


29 .. 


1871 


42 .. 


2890 




5 .. 


1294 


30 .. 


1872 


43 ... 


2956 




6 .. 


1293 


31 .. 


1873 


44 ... 


2996 


31 


1 .. 


2243 


32 .. 


1874 


45 ... 


3091 




2 .. 


2244 


33 .. 


1875 


46 ... 


3092 




3 .. 


2245 


34 .. 


1876 


47 ... 


6294 




4 .. 


2246 


35 .. 


1877 


48 ... 


6295 




5 .. 


2247 


86 1 .. 


4428 


49 ... 


352 


32 


1 .. 


1284 


2 .. 


4429 


50 ... 


353 


33 


1 ... 


2921 


3 .. 


4430 


9 1 ... 


704 




2 .. 


2922 


4 .. 


4431 


2 ... 


695 




3 .. 


2923 


5 .. 


4433 


3 ... 


686 




4 .. 


2924 


6 .. 


4434 


10 1 ... 


1662 


34 


1 .. 


2155 


7 .. 


4435 


11 1 ... 


2348 




2 .. 


2156 


37 1-2 .. 


2276 



2883 



PARALLEL REFERENCES 



Chap. 


Sec. 


Herein 


Chap. 


37 cont. 


3 


2277 


60 cont 




4 


2278 






5 


227!) 




38 


1 


2340 




39 


1 


243 






2 


244 






3 


245 






4 


246 




41 


1 


3446 






2 


3447 




43 


1 


1502 


61 


44 


1 


280 






2 


281 






3 


282 


62 




4 


283 


64 


46 


1 


5048 




47 


1 


346 




48 




.276, subd. 41 




53 


1 


1002 






2 


1003-5 






3 


1006 






4 


1009 






5 


1008 






6 


1007 




54 


1 


5481 


65 




2 


5482 






3 


5483 






5 


5484 




56 


1 


899 






2 


900 






3 


901 




57 


1 


7668 






2 


7669 






3 


7670 






4 


7671 






5 


7672 




58 


1 


1231 






2 


1232 






3 


1233 






6 


1234 






7a 


1235 






7d 


1236 






7e 


1237 






7f 


1238 






7g 


1239 






7h 


1240 






7.1 


1241 






7k 


1242 






71 


1243 






8a 


1244 






8b 


1245 






8c 


1246 






8d 


1247 






9 


1248 






10 


1249 




60 


1 


2116 






2 


2117 






3 


2118 






4 


2119 






5 


2120 






6 


2121 






7 


2122 






8 


2123 






9 


2124 






10 


2125 






11 


2126 






12 


2127 





Sec. Herein 

13 2128 

14 2129 

15 2130 

16 2131 

17 2132 

18 2133 

19 2134 

20 2145 

21 2136 

1 4391 

2 4392 

3 ...4393-4400 
1 1358 

1 2248 

2 2249 

3 2250 

4 2251 

5 2252 

6 2253 

7 2254 

8 2255 

9 2256 

10 2257 

1 2650 

2 2651 

3 see 2805 

4 2652 

2657 

5 2655 

2657 

6 2658-9 

2662 

7 2665 

8 2663-4 

2793-5 

9 2653-4 

10 2700-2 

11 2803 

12 2730 

2732-4 

2748 

13 2735-6 

2738-40 

14 2742-5 

15 2749 

16 2726 

2756-67 

17 2771-2 

18 2773-5 

19 2673 

2686 

2689-90 

2697 

2777-8 

20 2687 

2698 

21 2691 

22 2692 

23 2693 

24 2684 

25 2695 

26 2668-71 

2674 
2688 
2696 

27 2703-5 

2884 



Chap. 
65 cont. 



68 



69 
70 
71 

72 
73 



74 



75 



Sec. Herein 

2708-23 

2776 

28 2679 

29 2680 

30 2681 

31 2682 

32 2683 

33 2684 

34 2685 

35 2724 

36 2768 

37 2805-6 

2817 

38 2741 

2751-2 

39 2755 

40 2729 

41 2725 

2727-8 

2807-11 

42 .2706-7 

2731 

2750 

2779-81 

43 2813 

2815 

44 2656 

2667 
2672 

45 2675-7 

46 2678 

47 2816 

48 2818 

49 2666 

50 2812 

51 ., 2746 

52 2747 

53 2783-92 

2820 

1 918 

2 919 

3 920 

4 921 

1 278 

1-2 3004 

1 4109 

2 4109 

1 1912-3 

1 3339-40 

2 3194-9 

3 3200 

1 1491 

1495 
1496-8 

1 3212 

2 3213 

3 3215 

4 3231 

5 3232 

6 3234 

7 3266 

8 3267 

9 3272 

10 3273 

11 3274 

12 3275 



SESSION LAWS OF 1919 



Chap. Sec. Herein 

75cont. 13 3277 

14 3278 

15 / 3280 

16 3281 

17 3282 

18 3288 

19 3289 

20 3292 

21 3293 

22 3294 

23 3302 

24 3304 

25 3305 

26 3306 

27 3307 

28 3308 

29 3313 

30 3314 

31 3315 

32 3316 

33 3317 

34 3318 

35 3320 

36 3321 

37 3322 

38 3323 

39 3324 

40 3325 

41 3328 

42 3332 

76 1 3944 

2 4003 

3 4014 

77 1 3241 

3 3242 

4 3243 

5 3244 

6 3246 

7 3249 

8 3250 

9 3251 

10 3252 

11 3253 

12 3254 

13 3255 

15 3256 

17 3257 

18 3258 

19 3259 

20 3260 

21 3261 

22 3247 

23 3248 

78 1 850 

81 1 2866 

2 2867 

3 2868 

4 2869 

5 2870 

6 2871 

7 2872 

8 2873 

9 2874 

10 2875 

11 2876 

12 2877 



Chap. 
81 cont. 



96 
97 
98 
99 
100 



102 
103 



104 

105 
106 
107 



Sec. Herein 

13 2878 

14 2879 

15 2880 

16 2881 

17 2882 

18 2883 

19 2884 

8595 

6425 

1 4101 

8601 

1 669 

2 670 

3 671 

4 672 

5 673 

6 674 

7 675 

8 676 

10 677 

11 678 

309 

1 362 

2 363 

3 364 

4 365 

5 366 

1 9215 

2 9216 

1320 

4046 

1 516 

2 517 

3 518 

4 :... 519 

5 520 

6 521 

7 522 

8 523 

9 -524 

10 525 

11 526 

12 527 

13 528 

14 529 

15 530 

16 531 

17 532 

18 533 

19 534 

20 535 

21 536 

22 537 

23 538 

24 539 

25 540 

26 541 

27 542 

28 543 

29 544 

30 545 

31 546 

32 547 

33 548 

34 549 

35 550 

2885 



Chap. Sec. Herein 

107 cont. 36 551 

37 552 

38 553 

39 554 

40 555 

41 556 

42 557 

43 558 

44 659 

47 560 

108 6890 

109 26 

110 1 5752 

2 5753 

3 5754 

4 5755 

5 5756 

111 1 7584 

2 7586 

112 1 3493 

2 3494 

3 3495 

4 3496 

5 3497 

6 3498 

1 2552 

2 2553 

3 .' 2554 

1 3040 

2 3045 

2 1923 

3 1926 

3971 

5603 

4996 

4436 

1 343 

2 344 

1 168 

2 169 

3 172 

3557 

1 3467 

2 3468 

3 3469 

1 1821 

2 1822 

3 1823 

4 1824 

5 1825 

6 1826 

7 1828 

8 1829 

9 1830 

10 1831 

11 1832 

12 1833-4 

13 1835 

14 1836 

15 1837 

16 1827 

17 1838 

18 1839 

128 1 367 

2 368 

3 369 



114 



115 

116 

117 
118 
119 
120 
121 

123 



125 
126 



127 



PARALLEL REFERENCES 



Chap. 


Sec. 


Herein 


Chap. Sec. 


Herein 


128cont 


4 ... 


370 


149 cont. 25 . . . 


5697 




5 ... 


371 


26 .... 


5698 




6 ... 


372 


27 ... 


5699 




7 ... 


373 


28 .... 


5700 




8 ... 


374 


29 .... 


5701 




9 ... 


375 


30 ... 


5702 




10 ... 


376 


31 .... 


. . . M 5703 
. . .75704 




11 ... 


377 


32 .... 




12 ... 


378 


33 .... 


5705 




13 ... 


379 


34 .... 


5706 




14 ... 


380 


35 ... 


5707 




15 ... 


1166 


36 .... 


5708 




16 ... 


1208 


37 ... 


5709 


129 




254 


38 ... 


5710 


130 




6577 


39 ... 


....5711 


131 




4875 


40 ... 


5712 


133 


1 ... 


1985 


41 .... 


5713 




2 ... 


1986 


42 .... 


5714 


134 


1 ... 


9041 


43 .... 


5715 




2 ... 


9046 


44 .... 


5716 


135 


1 ... 


354 


45 ... 


5717 




2 ... 


355 


46 ... 


....5718 




3 ... 


356 


47 .... 


5719 




4 ... 


357 


48 ... 


5720 




5 ... 


358 


49 ... 


....5721 




6 ... 


359 


50 . . . 


5722 




7 ... 


360 


51 .... 


5723 




8 ... 


361 


52 .... 


5724 


136 




8581 


53 .... 


....5725 


137 




1035 


54 .... 


5726 


138 


1 ... 


337 


55 .... 


5727 




2 ... 


338 


56 .... 


5728 




3 ... 


339 


57 ... 


....5729 


140 




3214 


58 .... 


5730 


141 




4389 


59 ... 


5731 


142 


1 ... 


3448 


60 ... 


5732 




2 ... 


3449 


61 .... 


....5733 


143 




7163 


62 .... 


5734 


144 


1 ... 


1855 


63 .... 


5735 




3 ... 


1856 


64 ... 


5736 


145 




..2769-70 


65 ... 


....5737 


146 




4392 


• 66 .... 


....5738 


148 




8196 


67 ... 


5739 


149 


1 ... 


5673 


68 ... 


....5740 




2 ... 


5674 


69 ... 


....5741 




3 ... 


5675 


70 ... 


5742 




4 ... 


5676 


71 ... 


5743 




5 ... 


5677 


72 ... 


5744 




6 ... 


5678 


73 .... 


5745 




7 ... 


5679 


74 ... 


5746 




8 ... 


5680 


75 ... 


5747 




9 ... 


5681 


76 ... 


5748 




10 ... 


5682 


77 ... 


5749 




11 ... 


5683 


78 ... 


5750 




12 ... 


.....5684 


79a ... 


7976 




13 ,.. 


5685 


81 ... 


5751 




14 ... 


5686 


150 


.2059-62 




15 ... 


5687 


151 1 ... 


5782 




16 ... 


5688 


2 ... 


....5783 




17 ... 


5689 


3 ... 


5784 




18 ... 


5690 


4 ... 


....5785 




19 ... 


5691 


5 ... 


5786 




20 ... 


5692 


6 ... 


5787 




21 ... 


5693 


7 ... 


5788 




22 ... 


5694 


8 ... 


5789 




23 ... 


5695 


9 ... 


5790 




24 . .. 


, , , 5696 


10 ... 

2886 


. ...5791 



Chap. Sec. Herein 

151 cont. 11 5792 

12 5793 

13 5794 

14 5795 

15 5796 

16 5797 

17 5798 

18 5799 

19 5800 

20 5801 

21 5802 

22 5803 

23 5804 

24 5805 

25 5806 

26 5807 

27 5808 

28 5809 

29 5810 

30 5811 

152 1 6178 

2 ...6179 

3 ,..6180 

4 6181 

5 6182 

6 6183 

7 6184 

8 6185 

9 6186 

10 6187 

11 6188 

12 6189 

13 6190 

14 6191 

15 6192 

16 6193 

17 6194 

18 6195 

19 6196 

20 6197 

21 6198 

22 6199 

23 6200 

24 6201 

25 ....6202 

26 6203 

27 6204 

28 6205 

29 6206 

30 6207 

31 6208 

32 6209 

33 6210 

34 6211 

35 6212 

153 1 985 

2 986 

154 1 5813 

2 5814 

3 5815 

4 5816 

5 5817 

6 6818 

7 5819 

8 5820 

9 5821 

10 5822 



SESSION LAWS OF 1919 



Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


Chap. 


Sec. 


Herein 


154 cont 


. 11*... 


5823 


161 cont 


. 12 .. 


7913 


175 cont 


. 5 .. 


5201 




12 ... 


5824 




13 .. 


7914 




6 .. 


5202 




13 ... 


5825 




14 .. 


7915 




7 .. 


5203 




14 ... 


5826 




15 .. 


7916 




8 .. 


5204 




15 ... 


5827 




16 .. 


7917 


176 


1 .. 


1934 




16 ... 


5828 




17 .. 


7918 




2 .. 


1935 




17 ... 


5829 




18 .. 


7919 


177 


1 .. 


1997 




18 ... 


5830 




19 ... 


7920 




2 .. 


1998 




19 ... 


5831 




20 .. 


7921 




3 .. 


1999 




20 ... 


5832 




21 ... 


7922 




4 .. 


2001 




21 ... 


5833 




22 ... 


7923 




5 .. 


2010 




22 ... 


.....5834 




23 ... 


7924 


178 




5266 




23 ... 


5835 


162 


1 ... 


2333 


179 




2444 




24 ... 


5836 




2 ... 


2334 


180 




4054 




25 ... 


5837 


163 


1 ... 


226 


181 




165 




26 ... 


5838 




2 ... 


227 


182 




166 




27 ... 


5839 




3 ... 


228 


183 


1 ... 


4495 




28 ... 


5840 




4 ... 


229 




2 ... 


4497 




29 ... 


5841 


164 




1508 




3 ... 


4498 




30 ... 


5842 


165 




2033 




4 ... 


4505 




31 ... 


5843 


166 


1 ... 


8224 




5 ... 


4510 




32 ... 


5844 




2 ... 


8225 




6 ... 


4512 




33 ... 


5845 


167 


1 ... 


.....2141 




7 ... 


4521 




34 ... 


5846 




2 ... 


2142 




8 ... 


4526 




35 ... 


5847 




3 ... 


2143 




9 ... 


4532 




36 ... 


5848 




4 ... 


2144 




10 ... 


4535 




37 ... 


5849 




5 ... 


2145 




11 ... 


4543 




38 ... 


5850 




6 ... 


2146 


184 


' 


2012 




39 ... 


5851 




7 ... 


2147 






2016 




40 ... 


5852 




7a ... 


2148 






2017 




41 ... 


5853 




8 ... 


2149 


185 




1336 




42 ... 


5854 




9 ... 


2150 


186 


1 ... 


1878 




43 ... 


5855 




10 ... 


2151 




2 ... 


1879 


155 




1614 




11 ... 


2152 




3 ... 


1880 


156 




1576 




12 ... 


2153 




4 ... 


1881 


157 


1 ... 


1388 




13 ... 


2154 




5 ... 


1884 


158 




...1316-7 


169 




573 




6 ... 


1885 


159 


9458, 


subd. 78a 


170 




1504 




7 ... 


1886 


160 




2006 


171 


1 ... 


3052 




9 ... 


1883 


161 


1 ... 


7902 




3 ... 


3055 


187 




1271 




2 ... 


7903 




4 ... 


3056 


188 




1533 




3 ... 


7904 




5 ... 


3057 


190 


1 ... 


3099 




4 ... 


7905 


172 


1 ... 


2380 




2 ... 


4906 




5 ... 


7906 




2 ... 


2440 




3 ... 


4908 




6 ... 


7907 


173 


1 ... 


2987 


191 




8002 




7 ... 


7908 


175 


1 ... 


5181 


192 


1 ... 


2038 




8 ... 


7909 




2 ... 


5198 




2 ... 


2039 




9 ... 


7910 




3 ... 


5199 




3 ... 


2040 




10 ... 


....7911 




4 ... 


5200 




4 ... 


2041 




11 ... 


....7912 















2887 



•V.